Overloan Agreement for Hong Kong

Overloan Agreement Template for Hong Kong

An Overloan Agreement under Hong Kong law is a specialized financing document that establishes the terms and conditions for extending credit beyond previously agreed limits or facilities. Governed by Hong Kong banking regulations and financial laws, this agreement sets out the terms for the additional credit facility, including interest rates, repayment terms, security arrangements, and borrower obligations. The document incorporates specific requirements under Hong Kong's Banking Ordinance and Money Lenders Ordinance, ensuring compliance with local regulatory framework while protecting both lender and borrower interests.

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What is a Overloan Agreement?

The Overloan Agreement is utilized when a borrower requires additional credit beyond their existing facility limits with a financial institution. This typically occurs when a business faces temporary cash flow needs or requires additional working capital beyond their standard credit facilities. The agreement, governed by Hong Kong law, must comply with the Banking Ordinance (Cap. 155) and related regulations, making it essential for both parties to clearly document the terms, conditions, and obligations. The document includes crucial elements such as facility amount, interest rates, repayment schedule, security arrangements, and events of default. It's particularly important in Hong Kong's dynamic business environment where companies often need flexible financing solutions while maintaining regulatory compliance.

What sections should be included in a Overloan Agreement?

1. Parties: Identification of the lender (bank) and borrower, including their full legal names and addresses

2. Background: Context of the overloan facility, including reference to existing facilities and reason for the overloan

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpreting the document

4. The Facility: Details of the overloan facility, including amount, purpose, and conditions precedent

5. Interest and Fees: Interest rate, calculation method, payment dates, and applicable fees

6. Repayment Terms: Repayment schedule, method of payment, and prepayment provisions

7. Security: Details of any security or guarantees provided for the overloan

8. Representations and Warranties: Statements of fact and assurances given by the borrower

9. Covenants: Ongoing obligations of the borrower during the term of the facility

10. Events of Default: Circumstances that constitute default and trigger remedies

11. Remedies: Rights and actions available to the lender upon default

12. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

What sections are optional to include in a Overloan Agreement?

1. Additional Security Provisions: Detailed security arrangements when multiple assets or complex security structures are involved

2. Guarantor Provisions: Required when a third party guarantor is providing support for the overloan

3. Cross-Default Provisions: Used when the overloan needs to be linked to other facilities or agreements

4. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required

5. Financial Covenants: Specific financial ratios and requirements for more complex commercial arrangements

6. Change of Control Provisions: Required when borrower ownership stability is crucial to the facility

7. Syndication Provisions: Included when the overloan may be syndicated to other lenders

What schedules should be included in a Overloan Agreement?

1. Facility Details: Detailed terms of the overloan facility including limits, interest rates, and fees

2. Conditions Precedent: List of documents and conditions required before drawdown

3. Form of Drawdown Notice: Standard form for requesting drawdown under the facility

4. Repayment Schedule: Detailed schedule of repayment dates and amounts

5. Security Details: Specific details of any security arrangements and secured assets

6. Form of Compliance Certificate: Template for periodic confirmation of compliance with agreement terms

7. Existing Facilities: Details of other facilities held by the borrower with the bank

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking

Financial Services

Corporate Finance

Commercial Lending

Real Estate

Manufacturing

Retail

Trading

Import/Export

Construction

Professional Services

Relevant Teams

Legal

Credit Risk

Compliance

Corporate Banking

Commercial Banking

Finance

Treasury

Risk Management

Corporate Finance

Documentation

Relevant Roles

Credit Officer

Relationship Manager

Legal Counsel

Compliance Officer

Risk Manager

Chief Financial Officer

Finance Director

Treasury Manager

Banking Officer

Credit Risk Manager

Corporate Banking Manager

Financial Controller

Legal Director

Company Secretary

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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