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Pre Financing Agreement
"I need a Pre-Financing Agreement under Hong Kong law for a real estate development project, where ABC Development Ltd will receive HKD 50 million from Eastern Bank Limited, with drawdown scheduled for March 2025 and security provided through project assets and personal guarantees from company directors."
1. Parties: Identification of the financier and the recipient, including their registered addresses and company details
2. Background: Context of the financing arrangement, purpose of the funding, and brief description of the underlying transaction or project
3. Definitions: Key terms used throughout the agreement, including financial terms, relevant dates, and technical terminology
4. Financing Amount and Purpose: Specification of the financing amount, currency, and detailed description of its intended use
5. Conditions Precedent: Prerequisites that must be satisfied before the financing becomes available
6. Drawdown Mechanics: Procedures and requirements for accessing the financing
7. Repayment Terms: Timeline and mechanics for repayment, including interest calculations and payment schedules
8. Security and Guarantees: Details of any collateral, guarantees, or other security arrangements
9. Representations and Warranties: Statements of fact and assurances given by the parties
10. Covenants: Ongoing obligations and restrictions on the recipient's activities
11. Events of Default: Circumstances that would trigger default and the consequences thereof
12. Boilerplate Clauses: Standard legal provisions including governing law, notices, assignments, and amendments
1. Interest and Fees: Detailed breakdown of interest calculations and additional fees - used when the financing arrangement includes complex interest structures or multiple fees
2. Currency Provisions: Rules for handling currency conversions and exchange rate risks - included when dealing with cross-border financing
3. Tax Provisions: Allocation of tax responsibilities and withholding requirements - needed when tax implications are significant
4. Information Undertakings: Specific reporting and disclosure requirements - used for larger financing arrangements or when regulatory compliance is crucial
5. Step-In Rights: Lender's rights to take control in certain circumstances - included when financing high-value or critical projects
6. Syndication Provisions: Terms governing participation of multiple lenders - used when syndication is contemplated
7. Regulatory Compliance: Specific provisions addressing compliance with Hong Kong regulatory requirements - included when dealing with regulated industries
1. Schedule 1 - Financing Terms: Detailed breakdown of the financing amount, interest rates, fees, and payment schedules
2. Schedule 2 - Conditions Precedent Documents: List of required documents and conditions to be satisfied before drawdown
3. Schedule 3 - Form of Drawdown Request: Template for requesting disbursement of funds
4. Schedule 4 - Security Details: Detailed description of security arrangements and collateral
5. Schedule 5 - Form of Compliance Certificate: Template for periodic compliance certification
6. Appendix A - Project Details: Detailed description of the project or purpose for which financing is provided
7. Appendix B - Financial Covenants Calculations: Formulas and methods for calculating financial covenants
8. Appendix C - Required Authorizations: List of required regulatory and corporate authorizations
Authors
Banking and Financial Services
Real Estate Development
Infrastructure
Construction
Manufacturing
Technology and Innovation
Media and Entertainment
Healthcare
Energy and Resources
Transportation and Logistics
Education
Retail and Consumer Goods
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Project Finance
Credit Risk
Corporate Secretarial
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Finance Manager
Project Finance Manager
Risk Manager
Compliance Officer
Business Development Director
Investment Manager
Corporate Banking Officer
Credit Risk Officer
Financial Controller
Company Secretary
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