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Financing Contract Agreement for Hong Kong

Financing Contract Agreement Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that establishes the terms and conditions of a financing arrangement between a lender and borrower. The agreement encompasses all essential elements of the financing relationship, including facility amount, interest rates, repayment terms, security arrangements, and covenant packages, while ensuring compliance with Hong Kong's regulatory framework, including the Money Lenders Ordinance and Banking Ordinance. The document incorporates specific provisions required under Hong Kong law and common law principles, making it suitable for both domestic and international financing transactions within the Hong Kong jurisdiction.

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What is a Financing Contract Agreement?

The Financing Contract Agreement serves as the primary documentation for lending arrangements in Hong Kong's dynamic financial market. This document is essential when establishing formal financing relationships between lenders (typically financial institutions) and borrowers (usually corporate entities). The agreement must comply with Hong Kong's robust regulatory framework, including the Money Lenders Ordinance, Banking Ordinance, and Companies Ordinance. It contains detailed provisions covering facility terms, drawdown mechanics, repayment obligations, security arrangements, events of default, and enforcement rights. The document is particularly crucial in Hong Kong's position as a major financial hub, where it facilitates both domestic and cross-border financing transactions while providing legal certainty and protection for all parties involved.

What sections should be included in a Financing Contract Agreement?

1. Parties: Identifies and defines all parties to the agreement, including lender(s), borrower(s), and any guarantors

2. Background: Sets out the context and purpose of the financing arrangement

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

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

5. Conditions Precedent: Lists conditions that must be satisfied before the facility becomes available

6. Drawdown Mechanics: Details the process and requirements for accessing the facility

7. Interest and Fees: Specifies interest rates, calculation methods, and all applicable fees

8. Repayment Terms: Sets out repayment schedule, prepayment provisions, and payment mechanics

9. Representations and Warranties: States the facts and assurances provided by the borrower

10. Covenants: Details ongoing obligations of the borrower, including financial covenants

11. Events of Default: Lists circumstances that constitute default and their consequences

12. Boilerplate Provisions: Standard legal provisions including notices, amendments, governing law

What sections are optional to include in a Financing Contract Agreement?

1. Security Arrangements: Required when the facility is secured; details the security structure and enforcement rights

2. Guarantee Provisions: Required when there are guarantors providing support for the borrower's obligations

3. Syndication Provisions: Required for syndicated facilities involving multiple lenders

4. Insurance Requirements: Required when specific insurance coverage must be maintained

5. Special Purpose Vehicle Provisions: Required when the borrower is an SPV with specific restrictions

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

7. Currency Provisions: Required for multi-currency facilities or cross-border transactions

8. Tax Provisions: Required when specific tax considerations need to be addressed

9. Regulatory Compliance: Required when specific regulatory requirements apply to the facility

What schedules should be included in a Financing Contract Agreement?

1. Facility Details Schedule: Detailed terms of the facility including amounts, interest rates, and fees

2. Conditions Precedent Schedule: Comprehensive list of required documents and conditions

3. Form of Drawdown Request: Template for borrower to request drawdown of funds

4. Repayment Schedule: Detailed amortization schedule if applicable

5. Security Documents: Forms of security documents and perfection requirements

6. Financial Covenants Schedule: Detailed financial ratios and calculations

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

8. Notice Details: Contact information and notice requirements for all parties

9. Form of Transfer Certificate: Template for transferring rights and obligations under the facility

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



















































Clauses






































Relevant Industries

Banking & Financial Services

Real Estate & Property Development

Manufacturing & Industrial

Technology & Communications

Retail & Consumer Goods

Infrastructure & Construction

Healthcare & Pharmaceuticals

Energy & Utilities

Transportation & Logistics

Professional Services

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Credit Analysis

Operations

Corporate Secretariat

Due Diligence

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Relationship Manager

Investment Banker

Corporate Banking Officer

Financial Controller

Company Secretary

Due Diligence Officer

Transaction Manager

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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