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On Demand Loan Agreement
"I need a Hong Kong law On Demand Loan Agreement for a HKD 5 million corporate loan from ABC Bank Limited to XYZ Trading Limited, to be secured by a personal guarantee from the company director and scheduled for initial drawdown by March 2025."
1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses
2. Background: Brief context of the loan arrangement and relationship between the parties
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. The Facility: Details of the loan amount, purpose, and on-demand nature of the facility
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment: Terms for repayment, including the on-demand nature and payment mechanics
7. Representations and Warranties: Borrower's confirmations regarding their status, capacity, and financial condition
8. Events of Default: Circumstances that allow the lender to demand immediate repayment
9. Undertakings: Borrower's ongoing obligations throughout the loan period
10. Costs and Expenses: Allocation of costs related to the loan and its enforcement
11. Notices: Communication methods and addresses for formal notices
12. Assignment and Transfer: Rights of parties to transfer or assign their rights under the agreement
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
14. Governing Law and Jurisdiction: Confirms Hong Kong law as governing law and jurisdiction for disputes
1. Security: Include when the loan is secured by any assets or guarantees
2. Guarantee: Include when there is a guarantor for the loan
3. Insurance: Include when specific insurance requirements are imposed on the borrower
4. Financial Covenants: Include for corporate borrowers where financial ratios must be maintained
5. Conditions Precedent: Include when the loan availability is subject to fulfillment of specific conditions
6. Tax Gross-Up: Include when tax implications need to be addressed explicitly
7. Set-off Rights: Include when the lender has rights to set off against other accounts
8. Joint and Several Liability: Include when there are multiple borrowers
1. Schedule 1 - Form of Drawdown Notice: Standard form for requesting drawdown of the loan
2. Schedule 2 - Repayment Schedule: If any structured repayment is agreed despite on-demand nature
3. Schedule 3 - Security Details: Details of any security or collateral if applicable
4. Schedule 4 - Conditions Precedent Documents: List of required documents and conditions if applicable
5. Schedule 5 - Form of Compliance Certificate: Standard form for periodic compliance confirmation if required
6. Appendix A - Interest Calculation Examples: Examples showing how interest is calculated
7. Appendix B - Fee Schedule: Detailed breakdown of all applicable fees and charges
Authors
Banking & Financial Services
Commercial Lending
Private Banking
Corporate Finance
Real Estate
Small and Medium Enterprises
Manufacturing
Trading
Retail
Professional Services
Technology
Construction
Legal
Finance
Compliance
Credit Risk
Corporate Banking
Treasury
Operations
Company Secretarial
Credit Administration
Debt Recovery
Due Diligence
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Credit Risk Manager
Loan Officer
Relationship Manager
Corporate Banking Manager
Treasury Manager
Financial Controller
Company Secretary
Credit Analyst
Due Diligence Officer
Debt Recovery Officer
Banking Operations Manager
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