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Deed Of Trust Loan Agreement
"I need a Hong Kong law Deed of Trust Loan Agreement for a HKD 50 million property development loan where a trust company will act as security trustee for a syndicate of five lenders, with the loan to be drawn down in March 2025."
1. Parties: Identifies and defines all parties: Lender (Beneficiary), Borrower, and Trustee
2. Background: Explains the context of the loan, the purpose of the trust arrangement, and the intention to create a trust
3. Definitions and Interpretation: Defines key terms used throughout the deed and sets out interpretation rules
4. Declaration of Trust: Formal declaration creating the trust and specifying the trust property
5. Loan Terms: Details of the loan amount, interest rate, repayment terms, and payment mechanics
6. Trust Terms: Specifies the terms upon which the trust property is held, including the trust period
7. Trustee Powers and Duties: Comprehensive list of trustee's powers and obligations in managing the trust property
8. Security and Enforcement: Details of any security provided and enforcement mechanisms available to the trustee
9. Representations and Warranties: Standard and specific representations and warranties from all parties
10. Covenants: Positive and negative obligations of the borrower and other parties
11. Events of Default: Circumstances constituting default and consequences thereof
12. Trustee Remuneration and Indemnity: Provisions for trustee compensation and protection
13. Amendment and Termination: Procedures for modifying the deed and circumstances for trust termination
14. General Provisions: Standard boilerplate clauses including notices, governing law, and jurisdiction
1. Security Trustee Provisions: Required if the trustee holds security on behalf of multiple beneficiaries
2. Co-Trustee Provisions: Include when multiple trustees are appointed
3. Investment Powers: Needed if the trustee has discretion to invest trust property
4. Tax Provisions: Include detailed tax provisions if complex tax implications exist
5. Foreign Currency Provisions: Required if loan or payments involve multiple currencies
6. Successor Trustee Provisions: Detailed provisions for trustee replacement if high likelihood of trustee changes
7. Third Party Rights: Specific provisions regarding rights of third parties under the Cap. 623
8. Anti-Money Laundering Provisions: Enhanced provisions if required by the nature of the transaction or parties
1. Schedule 1 - Loan Terms: Detailed breakdown of loan amount, interest calculations, and payment schedule
2. Schedule 2 - Security Details: Specific description of any security assets or arrangements
3. Schedule 3 - Forms of Notice: Standard forms for various notices required under the agreement
4. Schedule 4 - Trustee Remuneration: Detailed fee structure and payment terms for the trustee
5. Schedule 5 - Conditions Precedent: List of conditions to be satisfied before the loan is advanced
6. Appendix A - Power of Attorney: Form of power of attorney if required for security enforcement
7. Appendix B - Administrative Forms: Standard forms for loan administration and trust management
Authors
Advance
Applicable Law
Approved Investment
Authorisation
Available Facility
Beneficiary
Borrower
Business Day
Charged Property
Conditions Precedent
Default
Default Interest
Default Rate
Delegate
Distribution Date
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Finance Documents
Financial Indebtedness
Hong Kong
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Maturity Date
Money Lenders Ordinance
Notice
Outstanding Principal
Payment Date
Permitted Investment
Potential Event of Default
Principal Amount
Receiver
Regulated Activity
Relevant Documents
Repayment Date
Repayment Schedule
Security
Security Agent
Security Documents
Security Interest
Security Period
Security Provider
Secured Obligations
Secured Parties
Specified Office
Tax
Transaction Documents
Trust
Trust Assets
Trust Deed
Trust Period
Trust Property
Trustee
Trustee Acts
Trustee Ordinance
Trust Receipt
Unpaid Sum
Valuation
Declaration of Trust
Trust Powers
Trustee Duties
Trustee Liability
Trustee Remuneration
Loan Facility
Interest
Repayment
Security
Representations and Warranties
Covenants
Events of Default
Enforcement
Payment Mechanics
Set-off
Indemnification
Expenses
Delegation
Appointment and Removal of Trustee
Assignment and Transfer
Confidentiality
Data Protection
Anti-Money Laundering
Notices
Amendments
Termination
Governing Law
Dispute Resolution
Third Party Rights
Counterparts
Severability
Force Majeure
Further Assurance
Entire Agreement
Banking and Financial Services
Real Estate
Investment Management
Private Equity
Family Office
Corporate Finance
Asset Management
Trust Services
Property Development
Wealth Management
Commercial Lending
Professional Services
Legal
Finance
Compliance
Risk Management
Treasury
Trust Administration
Corporate Secretarial
Investment
Credit
Portfolio Management
Operations
Transaction Management
Legal Counsel
Trust Manager
Loan Officer
Compliance Officer
Financial Controller
Risk Manager
Corporate Treasurer
Investment Manager
Trust Administrator
Security Trustee
Portfolio Manager
Relationship Manager
Chief Financial Officer
Director of Finance
Corporate Secretary
Senior Legal Manager
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