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Pre Financing Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Pre-Financing Agreement is a critical document used in Hong Kong's financial landscape when parties need to establish preliminary funding arrangements before finalizing their main financing transaction. This document is particularly relevant in scenarios where immediate funding is required while longer-term financing arrangements are being structured. It incorporates Hong Kong's regulatory requirements, including compliance with the Banking Ordinance and Securities and Futures Ordinance where applicable. The agreement typically includes detailed provisions for drawdown mechanics, security arrangements, conditions precedent, and repayment terms, providing a robust legal framework for the preliminary financing phase while protecting both lender and borrower interests under Hong Kong law.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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 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

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Project Finance

Credit Risk

Corporate Secretarial

Business Development

Relevant Roles

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

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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