The Loan Contract With Collateral is a fundamental document in secured financing transactions under Hong Kong law, used when a lender provides funding against specific assets pledged as security. This document is essential for both commercial and personal lending where the loan is backed by collateral such as real estate, equipment, inventory, or financial assets. It combines elements of a standard loan agreement with security documentation, ensuring compliance with Hong Kong's secured transactions regime, including the Money Lenders Ordinance and various property and security registration requirements. The agreement is particularly important in Hong Kong's dynamic financial market, where secured lending forms a crucial part of both commercial and retail banking operations. It provides lenders with enforceable security rights while offering borrowers access to typically more favorable lending terms compared to unsecured facilities.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement, relationship between parties, and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Specification of loan amount, interest rate, term, and repayment schedule
5. Collateral: Description of the assets provided as security, their value, and confirmation of ownership
6. Security Interest: Creation and perfection of the security interest, including registration requirements
7. Representations and Warranties: Statements of fact by the borrower regarding their status, the collateral, and other material matters
8. Covenants: Ongoing obligations of the borrower, including maintenance of collateral and financial covenants
9. Events of Default: Circumstances constituting default and their consequences
10. Enforcement Rights: Lender's rights and remedies upon default, including process for seizing and disposing of collateral
11. Payments and Calculations: Details of payment mechanics, interest calculations, and fees
12. General Provisions: Standard contractual provisions including notices, amendments, governing law, and jurisdiction
1. Insurance: Requirements for insurance of collateral - include when collateral is high-value physical asset
2. Guarantees: Terms of any third-party guarantees - include when there are guarantors
3. Cross-Default: Provisions linking default under other agreements - include for complex lending relationships
4. Tax Provisions: Allocation of tax responsibilities - include when tax implications are significant
5. Further Assurance: Obligations to execute additional documents - include for complex security arrangements
6. Assignment and Transfer: Rights to assign or transfer the loan - include when loan may be syndicated or sold
7. Monitoring Rights: Lender's rights to monitor business/collateral - include for business loans
8. Currency Provisions: Provisions for foreign currency loans - include for non-HKD loans
1. Schedule 1 - Loan Terms: Detailed breakdown of loan amount, interest rates, payment dates, and fee structure
2. Schedule 2 - Collateral Description: Detailed description and valuation of all assets provided as collateral
3. Schedule 3 - Repayment Schedule: Amortization schedule showing all payment dates and amounts
4. Schedule 4 - Security Documents: List of all security documents and filing requirements
5. Schedule 5 - Conditions Precedent: List of conditions to be satisfied before loan disbursement
6. Appendix A - Form of Drawdown Notice: Standard form for requesting loan disbursement
7. Appendix B - Form of Compliance Certificate: Template for periodic compliance certification
8. Appendix C - Security Registration Forms: Required forms for registering security interests with relevant authorities
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