This Loan Agreement Form is a standardized template designed for use in Hong Kong lending transactions, suitable for both corporate and individual borrowing arrangements. The document incorporates all essential elements required under Hong Kong law, particularly the Money Lenders Ordinance (Cap. 163) and related regulations. It is structured to facilitate various types of loans, from simple unsecured lending to complex secured facilities, and includes provisions for interest calculation, repayment terms, representations and warranties, and events of default. The agreement is particularly valuable for financial institutions, private lenders, and businesses engaging in lending activities within Hong Kong's jurisdiction, ensuring compliance with local regulatory requirements while providing flexibility for customization based on specific lending circumstances.
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1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses
2. Background: Sets out the context of the loan and the parties' intention to enter into the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation
4. The Loan: Specifies the loan amount, purpose, and conditions precedent to drawdown
5. Interest: Details the interest rate, calculation method, and payment frequency
6. Repayment: Specifies repayment terms, schedule, and methods of payment
7. Representations and Warranties: Sets out the statements of fact and assurances given by the Borrower
8. Borrower's Covenants: Details the Borrower's ongoing obligations throughout the loan term
9. Events of Default: Lists circumstances that would constitute a default and their consequences
10. Payments: Specifies payment mechanics, currency, and treatment of non-business days
11. Notices: Details how formal communications between parties should be made
12. General Provisions: Contains boilerplate clauses including assignment, amendments, and governing law
1. Security: Include when the loan is secured by assets or property
2. Guarantee: Include when there is a guarantor for the loan
3. Insurance: Include when specific insurance requirements are imposed on the Borrower
4. Prepayment: Include when early repayment is permitted with specific terms
5. Change of Control: Include for corporate borrowers where ownership changes need to be restricted
6. Financial Covenants: Include for corporate borrowers where financial ratios need to be maintained
7. Syndication: Include when the loan may be syndicated to other lenders
8. Costs and Expenses: Include when there are specific arrangements for transaction costs
1. Repayment Schedule: Details the dates and amounts of scheduled repayments
2. Form of Drawdown Notice: Template for the Borrower to request loan disbursement
3. Security Details: Details of any assets or property provided as security
4. Conditions Precedent Documents: List of documents required before loan disbursement
5. Form of Compliance Certificate: Template for periodic compliance reporting
6. Interest Calculation Examples: Examples showing how interest will be calculated
7. Required Insurance: Details of insurance policies to be maintained by Borrower
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Manufacturing
Retail
Technology
Healthcare
Education
Transportation
Hospitality
Agriculture
Mining
Energy
Telecommunications
Relevant Teams
Legal
Finance
Compliance
Risk Management
Credit Administration
Corporate Secretariat
Treasury
Loan Operations
Document Management
Corporate Banking
Retail Banking
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Credit Manager
Loan Officer
Risk Manager
Corporate Secretary
Financial Controller
Treasury Manager
Banking Relationship Manager
Credit Analyst
Legal Director
Debt Recovery Officer
Contract Administrator
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