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Debt Assignment Agreement
"I need a Debt Assignment Agreement under Hong Kong law for the transfer of a syndicated loan portfolio from ABC Bank to XYZ Investment Fund, with completion scheduled for March 15, 2025, including provisions for multiple debtors and associated security interests."
1. Parties: Identifies the Assignor, Assignee, and where relevant, the Debtor
2. Background: Sets out the context of the original debt and the intention to assign
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. Assignment: Core provision detailing the assignment of the debt and related rights
5. Consideration: Specifies the payment or other consideration for the assignment
6. Completion: Details the timing and mechanics of the assignment completion
7. Assignor's Representations and Warranties: Warranties regarding the debt, authority to assign, and absence of encumbrances
8. Notice and Perfection: Requirements for notifying the debtor and perfecting the assignment
9. Further Assurance: Obligations to execute further documents or take additional steps if needed
10. Costs and Stamp Duty: Allocation of costs including stamp duty and registration fees
11. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
1. Security Assignment: Include when the assignment is by way of security rather than absolute assignment
2. Debtor's Consent: Include when the original debt agreement requires debtor's consent for assignment
3. Partial Assignment: Include when only a portion of the debt is being assigned
4. Collection and Administration: Include when specific arrangements for debt collection need to be documented
5. Reassignment: Include when there are circumstances under which the debt should be reassigned
6. Confidentiality: Include when sensitive commercial information is involved
7. Data Protection: Include when personal data is involved in the assigned debt
8. Anti-Money Laundering: Include when required by the nature of the parties or transaction
1. Schedule 1 - Details of the Debt: Comprehensive details of the debt being assigned including amount, interest, payment terms
2. Schedule 2 - Original Debt Documentation: List and copies of all relevant original debt documents
3. Schedule 3 - Form of Notice to Debtor: Template notice to be sent to the debtor regarding the assignment
4. Schedule 4 - Completion Requirements: Checklist of documents and actions required for completion
5. Schedule 5 - Related Security Documents: Details of any security or guarantees associated with the debt
6. Appendix A - Payment Details: Bank account and payment instruction details for the consideration
7. Appendix B - Power of Attorney: Form of power of attorney if required for debt collection
Authors
Assigned Rights
Assignment Date
Completion
Completion Date
Consideration
Cut-off Date
Debt
Debt Documents
Default Interest
Debtor
Encumbrance
Event of Default
Excluded Rights
Existing Security
Financial Indebtedness
Governmental Authority
Interest Period
Material Adverse Effect
Notice of Assignment
Original Debt Agreement
Outstanding Amount
Payment Date
Permitted Encumbrance
Principal
Related Rights
Relevant Period
Security
Security Documents
Taxes
Transaction Documents
Transfer Certificate
Working Day
Hong Kong
Law
Business Day
Confidential Information
Effective Date
Losses
Representatives
Security Interest
Assignment
Consideration
Completion
Conditions Precedent
Representations and Warranties
Notice Requirements
Further Assurance
Payment Terms
Security Assignment
Collection Rights
Costs and Expenses
Stamp Duty
Tax
Confidentiality
Data Protection
Anti-Money Laundering
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Notices
Assignment and Transfer
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Indemnification
Default
Remedies
No Set-Off
Interest
Registration Requirements
Banking and Financial Services
Investment Management
Debt Collection and Recovery
Asset Management
Private Equity
Commercial Real Estate
Corporate Finance
Insurance
Manufacturing
Retail
Healthcare
Construction
Legal
Finance
Credit Risk
Investment
Portfolio Management
Compliance
Treasury
Debt Recovery
Corporate Finance
Operations
Transaction Management
Legal Counsel
Finance Director
Credit Manager
Investment Manager
Portfolio Manager
Risk Manager
Compliance Officer
Chief Financial Officer
Treasury Manager
Debt Recovery Specialist
Corporate Finance Manager
Financial Controller
Business Development Manager
Operations Manager
Transaction Manager
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