The Loan Agreement With Guarantor is a crucial document used in Hong Kong's lending landscape when a third party agrees to guarantee a borrower's obligations under a loan. This agreement is commonly used in both commercial and private lending scenarios where additional security is required beyond the borrower's own covenant. The document must comply with Hong Kong's legal framework, particularly the Money Lenders Ordinance (Cap. 163) and related regulations. It includes comprehensive details about the loan terms, guarantor's obligations, enforcement mechanisms, and remedies available to the lender. This type of agreement is particularly important in situations where the borrower's creditworthiness alone may not be sufficient for the loan approval, or where the lender requires additional comfort for risk mitigation purposes.
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1. Parties: Identifies the lender, borrower, and guarantor with their full legal names and addresses
2. Background: Explains the context of the loan and guarantee arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the principal amount and permitted use of the loan
5. Interest Rate and Calculations: Details the interest rate, calculation method, and payment periods
6. Repayment Terms: Specifies repayment schedule, methods, and prepayment provisions
7. Guarantor's Obligations: Details the scope and extent of the guarantor's liability
8. Representations and Warranties: Statements of fact by borrower and guarantor about their capacity and authority
9. Events of Default: Lists circumstances constituting default and consequences
10. Enforcement and Remedies: Details rights and remedies available upon default
11. Notices: Specifies how formal communications between parties should be made
12. Governing Law and Jurisdiction: Confirms Hong Kong law governs and Hong Kong courts have jurisdiction
1. Security: Include when the loan is secured by specific assets
2. Multiple Guarantors: Include when there is more than one guarantor to specify joint and several liability
3. Insurance Requirements: Include when insurance of loan or security is required
4. Assignment and Transfer: Include when rights to the loan may be transferred
5. Additional Guarantor Representations: Include for complex guarantees or sophisticated guarantors
6. Cross-Default: Include when default on other obligations should trigger default under this loan
7. Financial Covenants: Include when ongoing financial requirements are imposed on borrower
8. Subordination: Include when this loan needs to be subordinated to other debts
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Security Details: Description and documentation of any security provided
3. Conditions Precedent: List of documents and conditions required before loan disbursement
4. Form of Notice: Standard templates for various notices under the agreement
5. Guarantor Financial Information: Financial statements or details of guarantor's assets
6. Related Party Transactions: Details of any relevant related party transactions or relationships
7. Fees Schedule: Breakdown of all applicable fees and charges
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