The Debt Financing Agreement is a crucial document used in Hong Kong's financial sector when establishing formal lending arrangements between financial institutions and borrowers. It serves as the primary contract governing the terms and conditions of the loan facility, incorporating specific requirements under Hong Kong law and financial regulations. The agreement is particularly important given Hong Kong's status as a major international financial center, requiring compliance with local regulatory requirements while meeting international banking standards. This document typically includes detailed provisions on facility terms, security arrangements, conditions for drawdown, covenant packages, and enforcement mechanisms. It's structured to protect both lender and borrower interests while ensuring alignment with Hong Kong's legal framework, including relevant ordinances and Hong Kong Monetary Authority guidelines.
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1. Parties: Identification of the lender(s), borrower(s), and any guarantors or security providers
2. Background: Context of the financing arrangement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Details of the loan facility including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before drawdown
6. Drawdown: Procedures and requirements for drawing down the loan
7. Interest: Interest rate, calculation methods, and payment provisions
8. Repayment: Terms and schedule for repayment of the principal
9. Prepayment: Provisions for early repayment including any penalties
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Covenants: Positive and negative obligations of the borrower during the loan period
12. Events of Default: Circumstances constituting default and consequences
13. Changes to Parties: Provisions regarding assignment and transfer rights
14. Payments: Payment mechanics, currency, and tax provisions
15. Notices: Communication requirements and contact details
16. General Provisions: Boilerplate clauses including severability, entire agreement, and amendments
17. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction provisions
1. Security: Required if the loan is secured - details of security arrangements and enforcement rights
2. Guarantee: Required if there are guarantors - terms of guarantee and guarantor obligations
3. Syndication Provisions: Required for syndicated loans - provisions governing relationship between multiple lenders
4. Accordion Facility: Optional provision allowing for future increase in facility amount
5. Interest Rate Switch: Required if agreement includes LIBOR transition or alternative reference rate provisions
6. Regulatory Compliance: Required if specific regulatory requirements apply to the lender or borrower
7. Green Loan Provisions: Required for green loans - includes sustainability targets and reporting requirements
8. Currency Provisions: Required for multi-currency facilities - includes currency conversion and availability provisions
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for drawdown requests
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Form of Transfer Certificate: Template for transferring rights and obligations
5. Security Documents: Forms of security documents if applicable
6. Financial Covenants: Detailed financial covenants and calculation methods
7. Interest Calculation Examples: Examples of interest calculations
8. Form of Compliance Certificate: Template for periodic compliance certification
9. Contact Details: Detailed contact information for all parties
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