The Interest Bearing Loan Agreement is essential for any lending transaction in Hong Kong where funds are provided with the expectation of interest payment. This document is commonly used by financial institutions, companies, and individuals engaging in lending activities, whether for business expansion, asset acquisition, or other financing needs. The agreement must comply with Hong Kong's regulatory framework, particularly the Money Lenders Ordinance (Cap. 163), which governs interest rates and lending practices. It includes crucial elements such as loan amount, interest calculation methods, repayment schedules, security provisions (if applicable), and default consequences. The document serves both as a legal record of the lending arrangement and a protection mechanism for all parties involved.
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1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses
2. Background: Explains the context of the loan and the parties' intention to enter into the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. The Loan: Specifies the principal amount, purpose, and conditions precedent for drawdown
5. Interest: Details the interest rate, calculation method, and payment periods
6. Repayment: Sets out the repayment schedule, methods of payment, and prepayment terms
7. Representations and Warranties: Contains borrower's confirmations about their status and capacity to enter into the agreement
8. Borrower Covenants: Lists the borrower's ongoing obligations throughout the loan term
9. Events of Default: Defines circumstances that constitute default and their consequences
10. Payments: Details payment mechanics, currency, and treatment of non-business days
11. Notices: Specifies how formal communications between parties should be made
12. Assignment and Transfer: Sets out whether and how the agreement can be assigned to other parties
13. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
14. Execution: Signature blocks and execution formalities
1. Security: Include when the loan is secured by assets or collateral
2. Guarantee: Include when there is a guarantor for the loan
3. Insurance: Include when specific insurance requirements are imposed on the borrower
4. Additional Representations: Include for corporate borrowers or complex lending structures
5. Tax Gross Up: Include when tax implications need to be addressed explicitly
6. Increased Costs: Include for longer-term loans to address regulatory changes
7. Set-off Rights: Include when the lender wants explicit set-off rights
8. Subordination: Include when the loan needs to be subordinated to other debt
9. Change of Control: Include for corporate borrowers to address ownership changes
1. Conditions Precedent: List of documents and conditions required before drawdown
2. Repayment Schedule: Detailed schedule of repayment dates and amounts
3. Form of Drawdown Notice: Template for the borrower to request loan disbursement
4. Security Details: Details of any security or collateral (if applicable)
5. Form of Transfer Certificate: Template for transferring loan participation
6. Interest Calculation Examples: Examples showing how interest will be calculated
7. Permitted Security: List of security interests permitted to exist over borrower's assets
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