The Undertaking Loan Agreement is a essential financial instrument used in Hong Kong's lending landscape when one party (the lender) agrees to provide financial accommodation to another party (the borrower). This document is particularly crucial in commercial lending transactions, structured under Hong Kong law and compliant with local regulatory requirements including the Money Lenders Ordinance and Banking Ordinance. It serves multiple purposes: documenting the loan terms, protecting both parties' interests, establishing security arrangements where applicable, and providing enforcement mechanisms. The agreement is commonly used in both corporate and individual lending scenarios, ranging from simple bilateral loans to complex syndicated facilities. The document includes detailed provisions on loan disbursement, interest calculations, repayment schedules, events of default, and remedies, all tailored to comply with Hong Kong's legal framework.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan arrangement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and permitted use of funds
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions
7. Conditions Precedent: Conditions that must be satisfied before the loan is advanced
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement: Rights and remedies of the lender upon default
12. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Security: Details of any collateral or security arrangements - include when loan is secured
2. Guarantees: Terms of any guarantees - include when there are guarantors
3. Insurance: Insurance requirements for secured assets - include for secured loans
4. Assignment: Rights to assign or transfer the loan - include for transferable loans
5. Financial Covenants: Specific financial requirements - include for corporate borrowers
6. Joint and Several Liability: Multiple borrower provisions - include when there are multiple borrowers
7. Cross-Default: Links to other financial obligations - include for corporate or complex loans
8. Tax Provisions: Tax-related obligations and withholding requirements - include for complex loans
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Security Details: Detailed description of security assets and registration requirements
3. Conditions Precedent Documents: List of required documents and conditions to be satisfied
4. Form of Drawdown Notice: Template for requesting loan disbursement
5. Form of Compliance Certificate: Template for periodic compliance certification
6. Guarantor Documents: Forms and requirements for guarantors
7. Interest Calculation Examples: Examples showing interest calculation methodology
8. Required Insurance: Details of required insurance coverage and terms
Relevant legal definitions
Affiliate
Agreement
Availability Period
Banking Day
Borrower
Business Day
Change of Control
Charged Property
Compliance Certificate
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Finance Documents
Financial Indebtedness
Financial Statements
Group
Guarantee
Guarantor
HIBOR
Hong Kong
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Maturity Date
Outstanding Amount
Party/Parties
Permitted Security
Potential Default
Prepayment
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Security Provider
Subsidiary
Tax
Transaction Documents
Undertaking
Agreement
Availability Period
Banking Day
Borrower
Business Day
Change of Control
Charged Property
Compliance Certificate
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Finance Documents
Financial Indebtedness
Financial Statements
Group
Guarantee
Guarantor
HIBOR
Hong Kong
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Maturity Date
Outstanding Amount
Party/Parties
Permitted Security
Potential Default
Prepayment
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Security Provider
Subsidiary
Tax
Transaction Documents
Undertaking
Clauses
Interpretation
Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Acceleration
Assignment and Transfer
Set-off
Payment Mechanics
Costs and Expenses
Indemnities
Notices
Calculations
Amendments and Waivers
Confidentiality
Counterparts
Severability
Force Majeure
Governing Law
Jurisdiction
Service of Process
Guarantee
Tax Gross-up
Currency
Entire Agreement
Third Party Rights
Anti-Money Laundering
Data Protection
Default Interest
Cross-Default
Change of Control
Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Acceleration
Assignment and Transfer
Set-off
Payment Mechanics
Costs and Expenses
Indemnities
Notices
Calculations
Amendments and Waivers
Confidentiality
Counterparts
Severability
Force Majeure
Governing Law
Jurisdiction
Service of Process
Guarantee
Tax Gross-up
Currency
Entire Agreement
Third Party Rights
Anti-Money Laundering
Data Protection
Default Interest
Cross-Default
Change of Control
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Trading
Retail
Technology
Construction
Infrastructure
Healthcare
Education
Professional Services
Hospitality
Logistics
Import/Export
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit Analysis
Corporate Banking
Commercial Banking
Operations
Company Secretarial
Business Development
Loan Administration
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Credit Risk Manager
Relationship Manager
Loan Officer
Financial Controller
Company Secretary
Commercial Director
Business Development Manager
Investment Manager
Account Manager
Risk Officer
Banking Operations Manager
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