The Personal Guarantee Loan Agreement is commonly used in Hong Kong's lending landscape when a lender requires additional security for a loan through a personal guarantee from an individual, typically a director, shareholder, or related party of the borrower. This document is essential in commercial and personal lending transactions where the lender seeks recourse beyond the primary borrower. The agreement must comply with Hong Kong's Money Lenders Ordinance (Cap. 163) and related regulations, particularly regarding interest rate caps, statutory documentation requirements, and enforcement provisions. It becomes crucial in scenarios where the borrower's creditworthiness alone is insufficient, requiring personal commitment from a guarantor to secure the loan facility.
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1. Parties: Identification of the Lender, Borrower, and Guarantor with their full legal names and addresses
2. Background: Context of the loan arrangement and guarantee, including the relationship between Borrower and Guarantor
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Loan: Details of the loan amount, purpose, drawdown conditions, and repayment terms
5. Interest and Fees: Interest rate, calculation method, payment dates, and any applicable fees
6. The Guarantee: Scope and nature of the guarantee, including the Guarantor's obligations and limitations
7. Representations and Warranties: Statements of fact and assurances from both Borrower and Guarantor
8. Covenants: Ongoing obligations of the Borrower and Guarantor during the loan term
9. Events of Default: Circumstances constituting default and their consequences
10. Enforcement and Remedies: Lender's rights and remedies upon default, including enforcement against the Guarantor
11. Payments and Calculations: Payment mechanics, currency, and calculation provisions
12. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
13. Execution: Signature blocks and execution formalities
1. Security: Include when additional security is provided alongside the guarantee
2. Independent Legal Advice: Include when the Guarantor is required to obtain independent legal advice
3. Multiple Guarantors: Include when there is more than one guarantor to address joint and several liability
4. Currency Provisions: Include for loans denominated in foreign currency
5. Assignment and Transfer: Include when the loan may be transferred or syndicated
6. Subordination: Include when the guarantee needs to be subordinated to other obligations
1. Loan Terms Schedule: Detailed commercial terms including loan amount, interest rate, and repayment schedule
2. Form of Drawdown Notice: Template for the Borrower to request loan disbursement
3. Conditions Precedent: List of documents and conditions required before loan disbursement
4. Guarantor's Statement of Net Worth: Financial declaration from the Guarantor
5. Form of Independent Legal Advice Certificate: Template certificate from the Guarantor's legal advisor
6. Repayment Schedule: Detailed schedule of repayment dates and amounts
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