The Loan Agreement With Interest is a fundamental financial document used when one party (the lender) agrees to provide financial accommodation to another party (the borrower) in exchange for interest payments and repayment of principal. This agreement is specifically tailored for use in Hong Kong and complies with local regulations, including the Money Lenders Ordinance (Cap. 163) and related financial legislation. It is suitable for various lending scenarios, from corporate financing to personal loans, and can be adapted for both secured and unsecured lending arrangements. The document includes essential provisions for interest calculation, payment terms, conditions precedent, representations and warranties, events of default, and enforcement rights, all within the context of Hong Kong's legal framework.
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1. Parties: Identifies and defines the Lender and Borrower, including full legal names and addresses
2. Background: Explains 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 sets out interpretation rules
4. The Facility: Details the loan amount, purpose, and drawdown conditions
5. Interest: Specifies interest rate, calculation method, payment periods, and default interest
6. Repayment: Sets out repayment schedule, method of payment, and early repayment provisions
7. Representations and Warranties: States the representations and warranties given by the Borrower
8. Borrower's Covenants: Lists positive and negative covenants the Borrower must comply with
9. Events of Default: Defines circumstances constituting default and consequences
10. Payments: Details payment mechanics, currency, and tax provisions
11. Notices: Specifies how formal communications between parties should be made
12. Assignment and Transfer: Sets out rules for transferring rights under the agreement
13. General Provisions: Contains boilerplate clauses including governing law, amendments, and severability
1. Security: Required when the loan is secured by assets or guarantees
2. Conditions Precedent: Used for complex loans where specific conditions must be met before drawdown
3. Guarantee: Required when there is a guarantor for the loan
4. Agent Provisions: Needed for syndicated loans with multiple lenders
5. Insurance: Required when specific insurance coverage is mandatory
6. Information Undertakings: Used for business loans requiring ongoing financial reporting
7. Change of Circumstances: Important for long-term loans to address market disruption or regulatory changes
8. Set-off Rights: Optional provision allowing lender to set off debt against borrower's accounts
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Form of Drawdown Notice: Template for borrower to request loan disbursement
3. Security Details: Detailed description of any security or collateral
4. Conditions Precedent Documents: List of required documents to be provided before drawdown
5. Form of Transfer Certificate: Template for transferring loan participation
6. Interest Calculation Examples: Examples showing how interest will be calculated
7. Required Insurance Coverage: Details of mandatory insurance requirements if applicable
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