The Demand Loan Agreement is commonly used in Hong Kong's financial markets when flexibility in loan repayment timing is required. This type of agreement is particularly useful for short-term financing needs or when the lending relationship requires discretionary repayment calls. The document must comply with Hong Kong's regulatory framework, particularly the Money Lenders Ordinance (Cap. 163) and related banking regulations. It includes essential provisions covering loan amount, interest calculation, repayment mechanisms, events of default, and enforcement procedures. The on-demand nature of the loan distinguishes it from term loans, giving the lender the right to request immediate repayment without a fixed maturity date. This type of agreement is commonly used in commercial lending, intra-group financing, and bridge financing scenarios.
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1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses
2. Background: Brief context of the loan arrangement and relationship between parties
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. The Loan: Sets out the principal amount, purpose, and availability of the loan
5. Interest: Specifies interest rate, calculation method, and payment terms
6. Repayment: Details the repayment terms, including the demand nature of the loan
7. Representations and Warranties: Standard representations and warranties from the Borrower
8. Undertakings: Positive and negative covenants of the Borrower
9. Events of Default: Lists circumstances constituting default and consequences
10. Payments: Payment mechanics, currency, and timing
11. Costs and Expenses: Allocation of costs related to the loan
12. Notices: Communication methods and contact details
13. Assignment and Transfer: Rules regarding transfer of rights and obligations
14. Governing Law and Jurisdiction: Specifies Hong Kong law and jurisdiction
15. Execution: Signature blocks and execution formalities
1. Security: Include when the loan is secured by any assets or guarantees
2. Guarantee: Include when there is a guarantor for the loan
3. Conditions Precedent: Include when there are specific conditions to be met before drawdown
4. Tax Gross Up: Include when tax implications need to be addressed specifically
5. Set-off Rights: Include when the lender requires explicit set-off rights
6. Further Assurance: Include when additional documentation or actions may be required
7. Subordination: Include when the loan needs to be subordinated to other debt
8. Joint and Several Liability: Include when there are multiple borrowers
1. Form of Demand Notice: Template for the formal demand notice
2. Repayment Schedule: If there is an indicative repayment schedule despite being a demand loan
3. Security Details: Details of any security provided (if applicable)
4. Fee Schedule: Breakdown of any applicable fees and charges
5. Conditions Precedent Documents: List of required documents and conditions (if applicable)
6. Authorized Signatories: List of persons authorized to act for each party
7. Form of Compliance Certificate: Template for periodic compliance certification if required
Relevant legal definitions
Agreement
Applicable Law
Availability Period
Banking Day
Borrower
Business Day
Charged Property
Conditions Precedent
Default
Default Interest
Default Rate
Demand Notice
Event of Default
Finance Documents
Financial Indebtedness
Group
Guarantor
HIBOR
Hong Kong
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Outstanding Amount
Parties
Payment Date
Potential Event of Default
Principal Amount
Repayment Date
Security
Security Documents
Security Interest
Security Provider
Subsidiary
Tax
Transaction Documents
Transfer
Unpaid Sum
Applicable Law
Availability Period
Banking Day
Borrower
Business Day
Charged Property
Conditions Precedent
Default
Default Interest
Default Rate
Demand Notice
Event of Default
Finance Documents
Financial Indebtedness
Group
Guarantor
HIBOR
Hong Kong
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Outstanding Amount
Parties
Payment Date
Potential Event of Default
Principal Amount
Repayment Date
Security
Security Documents
Security Interest
Security Provider
Subsidiary
Tax
Transaction Documents
Transfer
Unpaid Sum
Clauses
Interpretation
Loan Facility
Interest
Repayment
Prepayment
Security
Representations and Warranties
Covenants
Events of Default
Acceleration
Payment Mechanics
Set-off
Assignment and Transfer
Costs and Expenses
Indemnities
Tax Gross-up
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Counterparts
Confidentiality
Further Assurance
Governing Law
Enforcement
Process Agent
Jurisdiction
Loan Facility
Interest
Repayment
Prepayment
Security
Representations and Warranties
Covenants
Events of Default
Acceleration
Payment Mechanics
Set-off
Assignment and Transfer
Costs and Expenses
Indemnities
Tax Gross-up
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Counterparts
Confidentiality
Further Assurance
Governing Law
Enforcement
Process Agent
Jurisdiction
Relevant Industries
Financial Services
Banking
Investment Management
Real Estate
Construction
Manufacturing
Retail
Technology
Healthcare
Professional Services
Trading
Import/Export
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Company Secretarial
Commercial Banking
Investment
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Financial Controller
Legal Counsel
Compliance Officer
Credit Risk Manager
Relationship Manager
Loan Officer
Corporate Banking Manager
Investment Manager
Company Secretary
Managing Director
Chief Executive Officer
Risk Manager
Finance Manager
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