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Reverse Waiver Template for Hong Kong

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Key Requirements PROMPT example:

Reverse Waiver

"I need a Reverse Waiver agreement under Hong Kong law to preserve our company's rights under an existing loan facility while we negotiate a restructuring with our borrower, with the agreement to be effective from March 1, 2025."

Document background
The Reverse Waiver agreement is utilized in situations where parties need to explicitly preserve certain rights while engaging in activities that might otherwise be interpreted as waiving those rights. This document type is particularly relevant in Hong Kong's dynamic commercial environment, where complex business relationships often require careful preservation of legal rights and remedies. The Reverse Waiver serves as a protective mechanism, especially in scenarios involving loan agreements, property transactions, or commercial arrangements where parties wish to maintain specific rights while proceeding with other aspects of their business relationship. The document typically includes detailed specifications of preserved rights, acknowledgments from all parties, and provisions ensuring compliance with Hong Kong law and regulations. It's commonly used in conjunction with other transaction documents to provide clarity and certainty regarding the parties' respective rights and obligations.
Suggested Sections

1. Parties: Identification and details of the parties entering into the reverse waiver agreement

2. Background: Context and circumstances leading to the reverse waiver

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Preservation of Rights: Clear statement of rights being preserved and not waived

5. Scope of Non-Waiver: Detailed description of what rights, claims, or remedies are being preserved

6. Duration: Period for which the reverse waiver remains effective

7. Acknowledgments: Mutual acknowledgments of the parties regarding the preserved rights

8. Further Assurance: Obligation to execute further documents if needed

9. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction

10. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.

Optional Sections

1. Conditions Precedent: Any conditions that must be satisfied before the reverse waiver becomes effective

2. Regulatory Compliance: Specific provisions relating to regulatory requirements or approvals

3. Representations and Warranties: Specific representations made by either party regarding the preserved rights

4. Related Agreements: References to and interaction with other relevant agreements

5. Costs and Expenses: Allocation of costs related to the reverse waiver

6. Notices: Details of how formal notices should be given between parties

Suggested Schedules

1. Schedule 1 - Preserved Rights: Detailed list and description of specific rights being preserved

2. Schedule 2 - Related Agreements: List and details of any related agreements affected by the reverse waiver

3. Schedule 3 - Notice Details: Contact details and addresses for formal notices

4. Appendix A - Supporting Documents: Copies or references to relevant supporting documentation

5. Appendix B - Form of Acknowledgment: Template for any required acknowledgments or confirmations

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



































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Relevant Industries

Banking & Finance

Real Estate

Construction

Investment

Commercial Property

Infrastructure

Private Equity

Corporate

Insurance

Asset Management

Relevant Teams

Legal

Compliance

Risk Management

Commercial

Finance

Corporate Affairs

Business Development

Property Management

Operations

Company Secretariat

Relevant Roles

Legal Counsel

Corporate Lawyer

Commercial Director

Risk Manager

Compliance Officer

Contract Manager

Chief Legal Officer

General Counsel

Transaction Manager

Legal Director

Business Development Manager

Property Manager

Finance 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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