Third Party Loan Agreement

Third Party Loan Agreement Template for Hong Kong

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Key Requirements PROMPT example:

"I need a Third Party Loan Agreement under Hong Kong law for a secured loan of HKD 10 million to a manufacturing company, with the loan to be guaranteed by the company's parent entity and secured against the company's equipment and receivables."

Document background

This Third Party Loan Agreement is designed for use in Hong Kong when a party seeks to obtain financing from a third-party lender rather than a traditional banking institution. The document is essential for formalizing lending arrangements and ensuring compliance with Hong Kong's regulatory framework, including the Money Lenders Ordinance (Cap. 163) and related regulations. It contains comprehensive provisions covering loan terms, security arrangements, representations and warranties, covenants, and events of default. The agreement is particularly useful for businesses seeking alternative financing sources or in situations where traditional bank financing may not be available or optimal. It includes specific provisions required under Hong Kong law regarding interest rate caps, disclosure requirements, and enforcement mechanisms, while providing flexibility to accommodate various security arrangements and guarantees.

Suggested Sections

1. Parties: Identifies and defines all parties to the agreement: the Lender, the Borrower, and any Guarantors or Security Providers

2. Background: Sets out the context of the loan agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. The Loan: Details the principal amount, purpose, and drawdown conditions of the loan

5. Interest: Specifies the interest rate, calculation method, and payment terms

6. Repayment: Sets out the repayment schedule, method, and currency of repayment

7. Representations and Warranties: Contains statements of fact and assurances from the borrower about their status and capacity

8. Covenants: Details ongoing obligations of the borrower during the loan term

9. Events of Default: Lists circumstances that would constitute a default and the consequences

10. Payments: Specifies payment mechanics, business days, and treatment of tax

11. Costs and Expenses: Allocates responsibility for fees, costs, and expenses

12. Notices: Sets out how formal communications between parties should be made

13. Assignment and Transfer: Governs the ability to transfer rights and obligations under the agreement

14. General Provisions: Contains boilerplate clauses including severability, entire agreement, and amendments

15. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Security: Include when the loan is secured by any assets or guarantees

2. Guarantee: Include when there is a guarantor providing credit support

3. Conditions Precedent: Include for complex loans where drawdown is subject to specific conditions

4. Information Undertakings: Include when regular financial or other reporting is required from the borrower

5. Tax Gross Up and Indemnities: Include when cross-border elements or specific tax considerations apply

6. Increased Costs: Include when the lender needs protection against regulatory changes affecting lending costs

7. Set-off Rights: Include when the lender requires explicit set-off rights

8. Anti-Money Laundering Provisions: Include when enhanced AML compliance is required

9. Subordination: Include when the loan needs to be subordinated to other debt

Suggested Schedules

1. Loan Details: Contains specific terms of the loan including amount, interest rate, and repayment schedule

2. Conditions Precedent: Lists all documents and conditions required before drawdown

3. Form of Drawdown Request: Standard form for the borrower to request loan disbursement

4. Repayment Schedule: Detailed amortization table if applicable

5. Form of Assignment and Transfer: Standard forms for transferring rights under the agreement

6. Security Details: Details of any security or collateral if the loan is secured

7. Form of Compliance Certificate: Template for periodic compliance certification if required

8. Notice Details: Contact information and addresses for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Retail

Technology

Healthcare

Education

Infrastructure

Transportation

Energy

Agriculture

Hospitality

Mining

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretarial

Credit

Operations

Commercial

Business Development

Investment

Portfolio Management

Transaction Management

Executive Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Finance Manager

Treasury Manager

Risk Manager

Compliance Officer

Company Secretary

Commercial Director

Business Development Manager

Credit Manager

Loan Officer

Financial Controller

Managing Director

Chief Executive Officer

Operations Director

Investment Manager

Portfolio Manager

Transaction Manager

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Authors

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