The Loan Agreement Contract is a fundamental legal instrument used to document and formalize lending arrangements in Hong Kong's financial market. It is typically employed when a lender (usually a financial institution or licensed money lender) agrees to provide financing to a borrower, whether for business expansion, asset acquisition, working capital, or other commercial purposes. The agreement must comply with Hong Kong's regulatory framework, including the Money Lenders Ordinance and Banking Ordinance, and contains all essential provisions required by local law. This document serves as the primary record of the parties' obligations, the loan's terms and conditions, and enforcement mechanisms. It is particularly important in Hong Kong's dynamic financial center, where international lending practices meet local legal requirements to create robust, enforceable financing arrangements.
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1. Parties: Identifies and defines the Lender and Borrower, including their full legal names and addresses
2. Background: Sets out the context of the loan agreement and basic transaction summary
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. The Facility: Details the loan amount, purpose, and availability period
5. Interest: Specifies interest rate, calculation method, and payment periods
6. Repayment: Sets out repayment schedule, prepayment terms, and payment mechanics
7. Conditions Precedent: Lists conditions that must be satisfied before the loan can be drawn
8. Representations and Warranties: Contains borrower's statements about its legal and financial status
9. Covenants: Details ongoing obligations of the borrower, including financial covenants
10. Events of Default: Lists circumstances that would trigger default and lender's enforcement rights
11. Changes to Parties: Covers assignment and transfer provisions
12. Payments: Details payment mechanics, currency, and tax provisions
13. Notices: Specifies how formal communications between parties should be made
14. General Provisions: Contains boilerplate provisions including amendments, waivers, and severability
15. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
1. Security: Required if the loan is secured - details the security package and enforcement rights
2. Guarantee: Required if there is a guarantor - contains guarantee provisions and guarantor obligations
3. Insurance: Required if specific insurance requirements are imposed on the borrower
4. Syndication Provisions: Required for syndicated loans - contains provisions for multiple lenders
5. Subordination: Required if there are multiple creditors - establishes payment priorities
6. Financial Covenants: Required for corporate borrowers - contains detailed financial maintenance requirements
7. Account Bank Provisions: Required if specific bank accounts must be maintained for the loan
8. Additional Representations: Required for specialized loans (e.g., project finance, property loans)
1. Form of Drawdown Notice: Template for borrower to request loan disbursement
2. Conditions Precedent Documents: Detailed list of required documents and conditions
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Form of Transfer Certificate: Template for transferring loan participations
5. Security Documents: Forms of security documents if loan is secured
6. Financial Covenant Calculations: Detailed methodology for calculating financial covenants
7. Fee Schedule: Detailed breakdown of all applicable fees
8. Contact Details: List of authorized representatives and contact information
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