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Finance Contract Template for Hong Kong

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Key Requirements PROMPT example:

Finance Contract

"I need a Finance Contract for a HKD 50 million secured term loan to a Hong Kong property development company, with drawdown scheduled for March 2025, including provisions for multiple properties as collateral and personal guarantees from three company directors."

Document background
The Finance Contract serves as the primary documentation for lending arrangements in Hong Kong's sophisticated financial market. It is typically used when establishing term loans, revolving facilities, or other financing arrangements between financial institutions and corporate borrowers. The document incorporates specific requirements of Hong Kong's financial regulatory regime, including compliance with the Banking Ordinance, Companies Ordinance, and relevant securities legislation. This Finance Contract template is designed to protect both lender and borrower interests while ensuring enforceability under Hong Kong law, featuring detailed provisions for security interests, regulatory compliance, and dispute resolution mechanisms specific to the Hong Kong jurisdiction. It's particularly crucial for transactions in Hong Kong's financial center, where international standards meet local regulatory requirements.
Suggested Sections

1. Parties: Identification of the lender(s) and borrower(s) with full legal names and addresses

2. Background: Context of the financing arrangement and purpose of the loan

3. Definitions: Definitions of key terms used throughout the agreement

4. Facility: Details of the loan amount, type of facility, and purpose

5. Interest: Interest rate, calculation method, payment periods, and default interest provisions

6. Drawdown: Conditions and procedures for drawing down the loan

7. Repayment: Repayment schedule, methods, and prepayment provisions

8. Security: Overview of security arrangements and enforcement rights

9. Representations and Warranties: Standard declarations made by the borrower about their legal and financial status

10. Covenants: Positive and negative obligations of the borrower during the loan term

11. Events of Default: Circumstances that constitute default and consequences

12. Fees and Expenses: All fees, costs, and expenses related to the facility

13. Notices: Communication requirements and contact details

14. Assignment and Transfer: Rights to assign or transfer the loan and related obligations

15. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction for disputes

16. Execution: Signature blocks and execution formalities

Optional Sections

1. Guarantees: Required when there are guarantors supporting the loan

2. Syndication Provisions: Required for syndicated loans with multiple lenders

3. Security Trustee Provisions: Needed when a security trustee holds security on behalf of multiple lenders

4. Insurance: Detailed insurance requirements for secured assets

5. Intercreditor Provisions: Required when there are multiple creditors with different priorities

6. Tax Gross-Up and Indemnities: Detailed tax provisions for cross-border transactions

7. Increased Costs: Provisions for regulatory changes affecting the lender's costs

8. Market Disruption: Provisions for handling market disruption events

9. Break Costs: Provisions for early repayment compensation

10. Currency Provisions: Required for multi-currency facilities

Suggested Schedules

1. Conditions Precedent: List of documents and conditions required before drawdown

2. Form of Drawdown Request: Template for borrower to request loan disbursement

3. Repayment Schedule: Detailed schedule of repayment dates and amounts

4. Security Documents: List and copies of all security documents

5. Form of Transfer Certificate: Template for transferring loan participations

6. Financial Covenants: Detailed financial ratios and calculations

7. Form of Compliance Certificate: Template for periodic compliance reporting

8. Fee Schedule: Detailed breakdown of all applicable fees

9. Contact Details: Complete contact information for all parties

10. Form of Accession Deed: Template for new parties joining the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































































Clauses






































Relevant Industries

Banking & Financial Services

Real Estate & Property Development

Manufacturing

Trading & Commerce

Technology & Innovation

Infrastructure & Construction

Healthcare

Retail & Consumer Goods

Energy & Resources

Transportation & Logistics

Education

Professional Services

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Credit Analysis

Operations

Commercial

Business Development

Investment

Company Secretarial

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Compliance Officer

Risk Manager

Corporate Banking Manager

Credit Analysis Manager

Financial Controller

Company Secretary

Commercial Director

Business Development Manager

Account Manager

Investment Manager

Operations Director

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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