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Credit Facilities Agreement
"I need a Credit Facilities Agreement for a HKD 50 million secured term loan to a Hong Kong property development company, with drawdown starting March 2025, including both corporate guarantee and property mortgage provisions."
1. Parties: Identification of lender(s) and borrower(s) with full legal names and addresses
2. Background: Brief context of the facility arrangement and purpose
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. The Facilities: Details of the credit facilities being provided, including types, amounts, and purpose
5. Conditions Precedent: Prerequisites that must be satisfied before the facility can be drawn
6. Drawdown: Procedures and requirements for drawing down the facilities
7. Interest: Interest rates, calculation methods, and payment terms
8. Repayment: Terms and schedule for repayment of the facilities
9. Fees and Expenses: All fees, costs, and expenses payable under the facility
10. Representations and Warranties: Standard representations and warranties given by the borrower
11. Covenants: Positive and negative undertakings of the borrower
12. Events of Default: Circumstances constituting default and consequences
13. Changes to Parties: Provisions regarding assignment and transfer rights
14. Payments: Payment mechanics, currency, and set-off rights
15. Notices: Communication requirements and contact details
16. General Provisions: Miscellaneous legal provisions including amendments, waivers, severability
17. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction provisions
1. Security: Required if the facility is secured - details of security arrangements and enforcement rights
2. Guarantee: Required if there are guarantors - terms of guarantee and indemnity
3. Syndication Provisions: Required for syndicated facilities - includes majority lender decisions and agent provisions
4. Market Disruption: Required for HIBOR-based facilities - provisions dealing with market disruption events
5. Increased Costs and Tax Gross-Up: Required for corporate borrowers - provisions dealing with changes in law or tax affecting the facility
6. Set-Off Rights: Optional enhanced set-off rights for the lender
7. Special Drawing Conditions: Required for specialized facilities like revolving credits or trade finance
8. Corporate Requirements: Required for corporate borrowers - specific corporate representations and undertakings
1. Facility Terms: Detailed commercial terms including facility limits, interest rates, fees, and repayment schedule
2. Conditions Precedent Documents: List of required documents and conditions to be satisfied before drawdown
3. Form of Drawdown Request: Standard form for borrower to request drawdown of facilities
4. Form of Compliance Certificate: Template for periodic compliance certification by borrower
5. Security Documents: List and copies of security documents if facility is secured
6. Repayment Schedule: Detailed amortization schedule if term loan
7. Fee Schedule: Detailed breakdown of all fees and charges
8. Form of Transfer Certificate: Standard form for transfer of participation in the facility
9. Contact Details: Complete contact information for all parties and their authorized representatives
Authors
Banking Day
Base Rate
Break Costs
Business Day
Commitment
Compliance Certificate
Conditions Precedent
Default
Default Interest
Drawdown
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Facility Documents
Facility Limit
Final Maturity Date
Finance Documents
Financial Indebtedness
Financial Statements
Group
HIBOR
Hong Kong
Interest Payment Date
Interest Period
Interest Rate
Legal Requisition
Margin
Material Adverse Effect
Outstanding Amount
Permitted Security Interest
Potential Event of Default
Prepayment
Property
Quotation Day
Reference Banks
Repayment Date
Repayment Schedule
Security
Security Documents
Security Provider
Subsidiary
Tax
Total Commitments
Transaction Documents
Transfer Certificate
Unpaid Sum
Facility Terms
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Cancellation
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Market Disruption
Changes to Calculation of Interest
Tax Gross-Up and Indemnities
Increased Costs
Set-Off
Assignment and Transfer
Payment Mechanics
Costs and Expenses
Indemnities
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Counterparts
Confidentiality
Governing Law
Enforcement
Jurisdiction
Banking and Financial Services
Real Estate and Property Development
Manufacturing
Trading and Commerce
Technology and Innovation
Construction
Retail
Healthcare
Education
Hospitality and Tourism
Transportation and Logistics
Professional Services
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Banking
Operations
Company Secretarial
Internal Audit
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Banker
Relationship Manager
Credit Risk Manager
Legal Counsel
Compliance Officer
Financial Controller
Credit Analyst
Loan Officer
Corporate Secretary
Risk Manager
Banking Operations Manager
Finance Manager
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