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Letter For Overfacility Template for Hong Kong

A Letter for Overfacility is a formal document used in Hong Kong's banking sector to authorize and document an increase in an existing credit facility. This document, governed by Hong Kong law and compliant with HKMA regulations, establishes the terms and conditions for extending additional credit beyond the original facility limit. It includes essential details such as the overfacility amount, duration, interest rates, and any additional security requirements, while ensuring compliance with Hong Kong's Banking Ordinance and related financial regulations.

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What is a Letter For Overfacility?

The Letter for Overfacility is a crucial document in Hong Kong's banking and finance practice, typically used when a borrower requires temporary or permanent extension of credit beyond their existing facility limits. This document type is particularly relevant in Hong Kong's dynamic business environment, where companies often need flexible financing solutions to manage growth or seasonal fluctuations. The Letter for Overfacility must comply with Hong Kong Monetary Authority (HKMA) guidelines and the Banking Ordinance, incorporating specific requirements for credit risk management and facility documentation. It serves as an addendum to the original facility agreement, detailing the additional credit amount, terms, conditions, and any new security requirements, while maintaining consistency with Hong Kong's regulatory framework.

What sections should be included in a Letter For Overfacility?

1. Letter Header and Date: Bank's letterhead, date, and reference number

2. Addressee Details: Full name and address of the borrower/client

3. Reference to Existing Facility: Details of the original facility agreement including date and reference number

4. Current Facility Limit: Statement of the current approved limit

5. Overfacility Amount: Clear statement of the additional amount being provided

6. Purpose: Reason for the overfacility provision

7. Duration: Period for which the overfacility is being granted

8. Interest Rate: Applicable interest rate for the overfacility amount

9. Terms and Conditions: Key terms applying to the overfacility

10. Acknowledgment: Space for customer's acknowledgment and acceptance

What sections are optional to include in a Letter For Overfacility?

1. Additional Security Requirements: Include when new security or collateral is required for the overfacility

2. Financial Covenants: Include when specific financial ratios or conditions must be maintained

3. Review Date: Include when the overfacility will be subject to review

4. Fee Structure: Include when additional fees apply to the overfacility

5. Default Provisions: Include when specific default scenarios need to be highlighted

6. Regulatory Compliance: Include when specific regulatory requirements need to be addressed

What schedules should be included in a Letter For Overfacility?

1. Schedule 1 - Facility Summary: Detailed breakdown of existing facility and overfacility amounts

2. Schedule 2 - Security Details: List of existing and new security arrangements if applicable

3. Schedule 3 - Fee Schedule: Breakdown of any applicable fees and charges

4. Appendix A - Conditions Precedent: List of conditions to be satisfied before overfacility becomes effective

5. Appendix B - Required Documents: List of additional documents required from the borrower

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Cost

Free to use

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