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Sub Loan Agreement
"I need a Hong Kong law Sub Loan Agreement for a HKD 50 million facility from ABC Bank to XYZ Limited, with the loan to be secured by commercial property and personal guarantees from two directors."
1. Parties: Identifies all parties to the agreement including the original lender, sub-lender, and borrower
2. Background: Sets out the context of the sub-loan arrangement, including reference to the primary loan agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement
4. The Sub-Loan: Details the sub-loan amount, purpose, and drawdown conditions
5. Interest: Specifies interest rate, calculation method, and payment terms
6. Repayment: Sets out repayment schedule, prepayment terms, and payment mechanics
7. Representations and Warranties: Standard representations and warranties from the borrower
8. Covenants: Positive and negative obligations of the borrower during the loan term
9. Events of Default: Lists circumstances constituting default and consequences
10. Changes to Parties: Provisions regarding assignment and transfer rights
11. Payments and Set-off: Mechanics for payments and set-off rights
12. Notices: Communication requirements and contact details
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
14. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
1. Security: Include when the sub-loan is secured by collateral or guarantees
2. Conditions Precedent: Include when there are specific conditions that must be met before drawdown
3. Subordination: Include when the sub-loan needs to be subordinated to other debt
4. Tax Gross-up and Indemnities: Include when tax implications need to be specifically addressed
5. Increased Costs and Market Disruption: Include for longer-term loans or when market volatility protection is needed
6. Currency Provisions: Include when the loan involves multiple currencies
7. Agency Provisions: Include when an agent is appointed to manage the loan
8. Guarantees: Include when third-party guarantees are part of the arrangement
1. Schedule 1 - Loan Terms: Detailed terms including amount, interest rate, repayment schedule
2. Schedule 2 - Conditions Precedent: List of documents and conditions required before drawdown
3. Schedule 3 - Form of Drawdown Request: Template for borrower to request loan disbursement
4. Schedule 4 - Form of Transfer Certificate: Template for transferring loan interests
5. Schedule 5 - Security Details: Details of any security or collateral arrangements
6. Schedule 6 - Notice Details: Contact information for all parties
7. Appendix A - Primary Loan Agreement Terms: Summary of relevant terms from the primary loan agreement
8. Appendix B - Repayment Schedule: Detailed amortization or repayment schedule
Authors
Banking
Financial Services
Real Estate
Infrastructure
Private Equity
Asset Management
Corporate Finance
Investment Banking
Commercial Real Estate
Project Finance
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Finance
Credit
Investment
Operations
Deal Advisory
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Investment Manager
Loan Officer
Corporate Finance Manager
Transaction Manager
Financial Controller
Senior Finance Manager
Legal Director
Banking Relationship Manager
Structured Finance Manager
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