The Loan Facility Letter is a crucial document in Hong Kong's financial landscape, typically used when a financial institution extends credit facilities to borrowers. It represents the primary documentation for smaller or straightforward lending arrangements, though it can also be used for complex facilities. The document must comply with Hong Kong banking regulations, including the Banking Ordinance (Cap. 155) and Money Lenders Ordinance (Cap. 163), while incorporating necessary commercial and legal terms. A well-drafted Loan Facility Letter should clearly articulate the facility terms, conditions precedent, financial covenants, and security requirements, serving as both an offer of financing and, upon acceptance, the binding agreement between parties. It's particularly important in Hong Kong's dynamic business environment where efficient, clear documentation of financial arrangements is essential for both legal certainty and business operations.
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1. Date and Addressee: Opening of letter identifying the borrower and their address
2. Reference Line: Subject line identifying the facility type and amount
3. Lender Introduction: Opening paragraph identifying the lender and confirming offer of facilities
4. Facility Terms: Key commercial terms including facility type, amount, purpose, availability period
5. Interest and Fees: Interest rate, calculation method, payment dates, and applicable fees
6. Repayment Terms: Repayment schedule, prepayment provisions, payment mechanics
7. Conditions Precedent: List of documents and conditions required before drawdown
8. Representations and Undertakings: Key representations and ongoing obligations of the borrower
9. Events of Default: Circumstances under which the facility may be terminated and repayment accelerated
10. Acceptance and Execution: Instructions for acceptance and execution blocks
1. Security Arrangements: Required when the facility is secured - details of security to be provided
2. Guarantee Requirements: Required when a guarantee is needed - details of guarantee arrangements
3. Financial Covenants: Required for corporate borrowers - financial ratios and reporting requirements
4. Insurance Requirements: Required when specific insurance coverage is needed for the facility
5. Project Monitoring: Required for project financing - specific monitoring and reporting requirements
6. Regulatory Compliance: Additional section for regulated borrowers or specific regulatory requirements
1. Schedule 1 - Definitions: Detailed definitions of terms used in the facility letter
2. Schedule 2 - Conditions Precedent: Detailed list of required documents and conditions
3. Schedule 3 - Form of Drawdown Notice: Template for borrower to request drawdown of the facility
4. Schedule 4 - Standard Terms and Conditions: Bank's standard terms and conditions for facilities
5. Schedule 5 - Fee Schedule: Detailed breakdown of all applicable fees and charges
6. Schedule 6 - Repayment Schedule: Detailed repayment schedule if term loan or structured repayment
7. Appendix 1 - Security Documents List: List of required security documents and filing requirements
8. Appendix 2 - Financial Covenants Calculations: Detailed methodology for calculating financial covenants
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