The Undertaking Loan Agreement is a essential financial instrument used in Hong Kong's lending landscape when one party (the lender) agrees to provide financial accommodation to another party (the borrower). This document is particularly crucial in commercial lending transactions, structured under Hong Kong law and compliant with local regulatory requirements including the Money Lenders Ordinance and Banking Ordinance. It serves multiple purposes: documenting the loan terms, protecting both parties' interests, establishing security arrangements where applicable, and providing enforcement mechanisms. The agreement is commonly used in both corporate and individual lending scenarios, ranging from simple bilateral loans to complex syndicated facilities. The document includes detailed provisions on loan disbursement, interest calculations, repayment schedules, events of default, and remedies, all tailored to comply with Hong Kong's legal framework.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan arrangement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and permitted use of funds
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions
7. Conditions Precedent: Conditions that must be satisfied before the loan is advanced
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement: Rights and remedies of the lender upon default
12. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Security: Details of any collateral or security arrangements - include when loan is secured
2. Guarantees: Terms of any guarantees - include when there are guarantors
3. Insurance: Insurance requirements for secured assets - include for secured loans
4. Assignment: Rights to assign or transfer the loan - include for transferable loans
5. Financial Covenants: Specific financial requirements - include for corporate borrowers
6. Joint and Several Liability: Multiple borrower provisions - include when there are multiple borrowers
7. Cross-Default: Links to other financial obligations - include for corporate or complex loans
8. Tax Provisions: Tax-related obligations and withholding requirements - include for complex loans
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Security Details: Detailed description of security assets and registration requirements
3. Conditions Precedent Documents: List of required documents and conditions to be satisfied
4. Form of Drawdown Notice: Template for requesting loan disbursement
5. Form of Compliance Certificate: Template for periodic compliance certification
6. Guarantor Documents: Forms and requirements for guarantors
7. Interest Calculation Examples: Examples showing interest calculation methodology
8. Required Insurance: Details of required insurance coverage and terms
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