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Inventory Financing Agreement for Hong Kong

Inventory Financing Agreement Template for Hong Kong

A comprehensive financing agreement governed by Hong Kong law that establishes a secured lending facility against inventory assets. The agreement details the terms and conditions under which a lender provides financing to a borrower using inventory as collateral, including borrowing base calculations, monitoring requirements, and security arrangements. It incorporates Hong Kong-specific security registration requirements and compliance with local secured transactions laws, while addressing key aspects of inventory management, reporting obligations, and enforcement rights.

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What is a Inventory Financing Agreement?

The Inventory Financing Agreement is a crucial document for businesses seeking to leverage their inventory as collateral for obtaining working capital financing in Hong Kong. This agreement is particularly relevant in trade-intensive sectors where companies maintain significant inventory levels and require flexible financing solutions. The document establishes the legal framework for the security interest over inventory under Hong Kong law, incorporating specific requirements for registration of charges under the Companies Ordinance and addressing local security perfection requirements. It includes detailed provisions for inventory valuation, monitoring, and reporting, making it essential for both financial institutions and businesses engaged in inventory-based lending transactions. The agreement typically becomes necessary when traditional financing options may be insufficient or when companies seek to optimize their working capital management through asset-based lending structures.

What sections should be included in a Inventory Financing Agreement?

1. Parties: Identification of the financing party (lender) and the borrower (inventory owner)

2. Background: Context of the financing arrangement, business relationship, and purpose of the facility

3. Definitions and Interpretation: Definitions of key terms including Inventory, Facility, Security Interest, Borrowing Base, etc.

4. The Facility: Details of the financing facility including amount, purpose, availability period, and drawdown mechanics

5. Security Interest: Creation and perfection of security interest over the inventory, including registration requirements

6. Borrowing Base: Calculation methodology for borrowing base, eligible inventory, and advance rates

7. Conditions Precedent: Requirements to be satisfied before facility becomes available

8. Representations and Warranties: Standard and inventory-specific representations regarding ownership, condition, and storage of inventory

9. Covenants: Ongoing obligations including inventory maintenance, insurance, reporting, and operational requirements

10. Monitoring and Inspection Rights: Lender's rights to monitor and inspect the inventory

11. Events of Default: Circumstances constituting default and consequences

12. Enforcement: Lender's rights and remedies upon default

13. General Provisions: Standard boilerplate provisions including notices, amendments, governing law

What sections are optional to include in a Inventory Financing Agreement?

1. Guarantee: Required when third-party guarantee is provided for the facility

2. Insurance: Detailed insurance requirements section (if not covered in covenants)

3. Custodian Arrangements: Required when third-party warehouse or custodian is involved

4. Intercreditor Provisions: Required when multiple secured creditors are involved

5. Environmental Compliance: Required for inventory involving hazardous materials or regulated substances

6. Import/Export Provisions: Required for inventory subject to international trade

7. Tax Provisions: Detailed tax section required for complex cross-border arrangements

What schedules should be included in a Inventory Financing Agreement?

1. Facility Terms: Detailed commercial terms including facility amount, interest rate, fees

2. Form of Drawdown Request: Template for borrower to request advances under the facility

3. Eligible Inventory Criteria: Detailed criteria for inventory eligibility and advance rates

4. Approved Storage Locations: List of locations where inventory may be stored

5. Form of Inventory Report: Template for periodic inventory reporting

6. Insurance Requirements: Detailed insurance requirements and minimum coverage

7. Security Registration Forms: Forms required for registering security interest

8. Borrowing Base Certificate: Template for calculating and certifying borrowing base

9. Conditions Precedent Documents: List of required documents and conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions



















































Clauses






























Relevant Industries

Manufacturing

Retail

Wholesale Trade

Import/Export

Electronics

Textiles

Automotive

Consumer Goods

Commodities Trading

Food and Beverage

Pharmaceuticals

Fashion and Apparel

Industrial Equipment

Relevant Teams

Legal

Finance

Treasury

Risk Management

Operations

Compliance

Credit

Trade Finance

Supply Chain

Warehouse Operations

Security

Portfolio Management

Commercial Banking

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Credit Manager

Risk Manager

Commercial Banking Manager

Trade Finance Manager

Supply Chain Manager

Inventory Controller

Legal Counsel

Compliance Officer

Operations Manager

Warehouse Manager

Credit Analyst

Portfolio Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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