Company Loan Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Company Loan Agreement

"I need a Company Loan Agreement for a HK$10 million secured loan from ABC Bank Limited to my technology manufacturing company, with the company's equipment and receivables serving as collateral, and the loan to be fully repaid by March 2025."

Document background
The Company Loan Agreement is a fundamental financing document used when a company seeks to borrow funds in Hong Kong. It is essential for both regulated financial institutions and private lenders engaging in corporate lending within Hong Kong's jurisdiction. The agreement must comply with Hong Kong's Companies Ordinance, Money Lenders Ordinance, and other relevant financial regulations. It typically includes comprehensive provisions covering loan terms, security arrangements, conditions precedent, representations and warranties, covenants, and events of default. This document is crucial for protecting both lender and borrower interests while ensuring compliance with Hong Kong's regulatory requirements for corporate lending. The agreement should be tailored to specific transaction requirements while maintaining consistency with local market practice and legal standards.
Suggested Sections

1. Parties: Identification of the lender and borrower company, including registration numbers and registered addresses

2. Background: Context of the loan arrangement and relationship between the parties

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

4. The Loan: Core terms of the loan including amount, purpose, and drawdown conditions

5. Interest: Interest rate, calculation method, and payment frequency

6. Repayment: Terms and schedule for repayment of the principal amount

7. Security: Details of any security or guarantees provided for the loan

8. Representations and Warranties: Statements of fact and assurances given by the borrower

9. Covenants: Positive and negative obligations of the borrower during the loan period

10. Events of Default: Circumstances that constitute default and consequences

11. Undertakings: Specific promises and commitments made by the borrower

12. Payments and Calculations: Mechanics of payments and calculation conventions

13. Changes to Parties: Rules for assignment and transfer of rights and obligations

14. Notices: Communication requirements and contact details

15. General Provisions: Standard boilerplate clauses including governing law and jurisdiction

Optional Sections

1. Multiple Lenders: Required when there is more than one lender, including syndication provisions

2. Security Trustee: Needed when security is held on trust for multiple lenders

3. Subordination: Required when there are multiple creditors and priority arrangements

4. Guarantee: Include when third-party guarantees are part of the security package

5. Increased Costs: Protection for lenders against regulatory changes affecting loan costs

6. Tax Gross-Up: Provisions for tax implications and withholding requirements

7. Set-off Rights: Include when parties want right to set off debts against other obligations

8. Currency Provisions: Required for multi-currency loans or foreign currency considerations

Suggested Schedules

1. Schedule 1 - Conditions Precedent: List of documents and conditions required before loan drawdown

2. Schedule 2 - Form of Drawdown Request: Template for borrower to request loan disbursement

3. Schedule 3 - Repayment Schedule: Detailed schedule of repayment dates and amounts

4. Schedule 4 - Security Documents: List and copies of all security documents

5. Schedule 5 - Financial Covenants: Detailed financial ratios and calculations

6. Schedule 6 - Forms of Notices: Template notices for various communications

7. Appendix A - Corporate Authorizations: Copies of relevant board and shareholder resolutions

8. Appendix B - Security Registration Forms: Forms required for registering security with Hong Kong companies registry

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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 & Financial Services

Corporate Finance

Real Estate & Property

Manufacturing

Technology

Retail & Consumer

Healthcare

Infrastructure

Energy & Resources

Transportation & Logistics

Professional Services

Education

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Risk Management

Company Secretarial

Operations

Transaction Management

Relevant Roles

Chief Financial Officer

Finance Director

Corporate Lawyer

Legal Counsel

Treasury Manager

Financial Controller

Credit Risk Manager

Relationship Manager

Compliance Officer

Company Secretary

Banking Manager

Loan Officer

Corporate Banking Director

Risk Management Officer

Transaction Manager

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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