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1. Parties: Identification of the lender/creditor and borrower/debtor
2. Background: Details of the original facility/credit agreement and circumstances leading to the waiver
3. Definitions: Definitions of key terms used in the waiver agreement, including reference to defined terms in the original facility agreement
4. Waiver: Specific details of the provisions being waived and the extent of the waiver
5. Conditions Precedent: Conditions that must be satisfied before the waiver becomes effective
6. Representations and Warranties: Confirmation of continuing accuracy of original representations and any new representations
7. Continuing Obligations: Confirmation that all other terms of the original agreement remain in force
8. Fees and Expenses: Any fees payable for the waiver and responsibility for costs
9. Governing Law and Jurisdiction: Confirmation of Hong Kong law as governing law and jurisdiction for disputes
1. Security Confirmation: Required when existing security arrangements need to be confirmed as continuing and unaffected by the waiver
2. Additional Covenants: Include when new undertakings are required as a condition of granting the waiver
3. Guarantor Consent: Required when the original facility has guarantors who need to consent to the waiver
4. Conditions Subsequent: Include when there are actions that must be completed after the waiver becomes effective
5. Amendments: Required when other provisions of the original agreement need to be modified in connection with the waiver
6. Release and Waiver: Include when mutual releases or waivers of claims are part of the arrangement
1. Original Facility Agreement: Copy or details of the agreement being waived
2. Conditions Precedent: Detailed list of conditions and required documents
3. Form of Effective Date Certificate: Template certificate confirming satisfaction of conditions precedent
4. Security Documents: List of existing security documents affected by the waiver
5. Fee Schedule: Details of any fees payable in connection with the waiver
Facility Agreement
Original Facility Agreement
Waiver Period
Waived Provisions
Finance Documents
Security Documents
Waiver Fee
Conditions Precedent
Conditions Subsequent
Event of Default
Potential Event of Default
Guarantor
Security Provider
Secured Property
Relevant Period
Specified Default
Business Day
Hong Kong
Authority
HKMA
Authorized Institution
Facility Agent
Security Agent
Majority Lenders
Required Lenders
Waiver Request
Effective Date Certificate
Outstanding Amount
Existing Security
Continuing Security
Repeating Representations
Specified Representations
Law
Material Adverse Effect
Waiver
Conditions Precedent
Conditions Subsequent
Representations and Warranties
Continuing Obligations
Security Confirmation
Fees and Expenses
Indemnity
Confidentiality
Notices
Amendment and Waiver
Assignment and Transfer
Severability
Counterparts
Third Party Rights
Further Assurance
Remedies and Waivers
Governing Law
Dispute Resolution
Process Agent
Release and Discharge
Entire Agreement
Banking
Financial Services
Real Estate
Manufacturing
Trading
Retail
Construction
Infrastructure
Technology
Healthcare
Hospitality
Logistics
Mining
Energy
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Loan Operations
Credit Administration
Risk Management
Company Secretarial
Chief Financial Officer
Finance Director
Treasury Manager
Credit Risk Manager
Relationship Manager
Legal Counsel
Compliance Officer
Corporate Secretary
Risk Officer
Banking Manager
Credit Analysis Manager
Loan Operations Manager
Corporate Banking Director
Restructuring Manager
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