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Lender And Borrower Agreement for Hong Kong

Lender And Borrower Agreement Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that establishes and regulates the relationship between a lender and borrower in a loan transaction. The agreement details the terms and conditions of the loan, including the principal amount, interest rate, repayment terms, security arrangements (if any), and the rights and obligations of both parties. It incorporates requirements from Hong Kong's Money Lenders Ordinance and related regulations, ensuring compliance with local lending laws while providing clear mechanisms for loan disbursement, monitoring, and enforcement.

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What is a Lender And Borrower Agreement?

The Lender and Borrower Agreement serves as the primary legal document for documenting loan transactions in Hong Kong's dynamic financial market. This agreement is essential when any form of lending occurs, whether between financial institutions and corporate entities or in private lending arrangements. The document must comply with Hong Kong's regulatory framework, particularly the Money Lenders Ordinance (Cap. 163) and related regulations. It typically includes detailed provisions on loan amount, interest calculations, repayment terms, security arrangements, events of default, and enforcement mechanisms. The agreement's structure allows for customization based on transaction specifics while maintaining compliance with Hong Kong's legal requirements for lending activities.

What sections should be included in a Lender And Borrower Agreement?

1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses

2. Background: Explains the context of the loan agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. The Loan: Specifies the loan amount, purpose, and disbursement conditions

5. Interest: Details the interest rate, calculation method, and payment frequency

6. Repayment: Specifies repayment schedule, method, and prepayment terms

7. Conditions Precedent: Lists conditions that must be satisfied before the loan is disbursed

8. Representations and Warranties: States the facts and assurances each party provides to the other

9. Borrower's Covenants: Lists the Borrower's ongoing obligations throughout the loan term

10. Events of Default: Defines circumstances that constitute default and their consequences

11. Payments: Details payment mechanics, currency, and treatment of non-business days

12. Notices: Specifies how formal communications between parties should be made

13. Assignment and Transfer: Establishes rules for transferring rights under the agreement

14. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

15. General Provisions: Contains standard boilerplate clauses including severability and entire agreement

What sections are optional to include in a Lender And Borrower Agreement?

1. Security: Include when the loan is secured by collateral, detailing the security arrangement

2. Guarantee: Include when there is a guarantor for the loan

3. Insurance: Include when specific insurance requirements are imposed on the Borrower

4. Special Drawing Conditions: Include for facilities with multiple drawdowns or special drawing requirements

5. Financial Covenants: Include for corporate borrowers with specific financial maintenance requirements

6. Tax Gross-Up: Include when tax implications need to be addressed explicitly

7. Increased Costs: Include when the Lender needs protection against regulatory changes affecting costs

8. Set-off Rights: Include when the Lender requires explicit set-off rights against Borrower's accounts

9. Joint and Several Liability: Include when there are multiple borrowers

10. Change of Circumstances: Include provisions for market disruption or changes affecting the loan

What schedules should be included in a Lender And Borrower Agreement?

1. Schedule 1 - Loan Details: Contains specific loan terms including amount, interest rate, and repayment schedule

2. Schedule 2 - Conditions Precedent Documents: Lists all documents required before loan disbursement

3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable

4. Schedule 4 - Form of Drawdown Notice: Standard form for requesting loan disbursement

5. Schedule 5 - Security Documents: Lists and describes any security documents if loan is secured

6. Schedule 6 - Fees and Charges: Details all applicable fees, charges, and their calculation methods

7. Appendix A - Compliance Certificate: Standard form for periodic compliance certification if required

8. Appendix B - Standard Forms: Contains other standard forms required during the loan term

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Mortgage Document

Cost

Free to use

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