Inter Credit Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Inter Credit Agreement

"I need an Inter Credit Agreement for a syndicated facility of HKD 500 million with five participating banks, where Bank of East Asia will act as the primary lender and facility agent, to be completed by March 2025."

Document background
The Inter Credit Agreement is a sophisticated financial instrument used in Hong Kong's banking and finance sector to structure complex lending arrangements involving multiple creditors. It is particularly relevant when multiple financial institutions collaborate to provide credit facilities to a borrower, requiring careful coordination of their respective rights and obligations. The document addresses crucial aspects such as facility sharing, ranking of security interests, voting rights, and payment waterfall arrangements. Compliant with Hong Kong's regulatory framework, including the Banking Ordinance and Money Lenders Ordinance, this agreement type is essential for syndicated lending, club deals, and other multi-lender scenarios where clear inter-creditor relationships need to be established.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including lenders and borrowers

2. Background: Context of the agreement and relationship between the parties

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

4. The Facility: Details of the credit facility, including amount, purpose, and availability

5. Interest: Interest calculation, rates, and payment provisions

6. Repayment: Terms and schedule for repayment of the facility

7. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

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

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

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

11. Changes to Parties: Provisions regarding assignment and transfer rights

12. Administration: Administrative provisions including notices and calculations

13. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction provisions

14. Execution: Signature blocks and execution formalities

Optional Sections

1. Security: Include when the facility is secured by any form of collateral or guarantee

2. Increased Costs: Include when lenders need protection against regulatory changes affecting costs

3. Tax Gross Up and Indemnities: Include when tax implications need specific addressing

4. Multiple Lenders: Include when there is more than one lender to address voting and decision-making

5. Currency Provisions: Include when the facility involves multiple currencies

6. Set-off Rights: Include when specific set-off rights are required beyond standard provisions

7. Bank Account Provisions: Include when specific account maintenance and operation requirements exist

8. Syndication Provisions: Include when the facility may be syndicated in the future

Suggested Schedules

1. Conditions Precedent: Detailed list of required documents and conditions

2. Form of Drawdown Request: Template for borrower to request drawdown under the facility

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

4. Form of Transfer Certificate: Template for transferring rights and obligations under the facility

5. Calculation of Interest: Detailed mechanisms for interest calculation

6. Security Details: Details of any security or collateral arrangements

7. Contact Details: Contact information for all parties and authorized representatives

8. Form of Compliance Certificate: Template for periodic compliance reporting by borrower

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

Investment Banking

Commercial Banking

Asset Management

Private Equity

Real Estate

Infrastructure

Manufacturing

Trading

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Structured Finance

Transaction Management

Documentation

Deal Advisory

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Banking Lawyer

Credit Risk Manager

Relationship Manager

Compliance Officer

Finance Manager

Senior Loan Officer

Structured Finance Manager

Transaction Manager

Director of Banking

Head of Credit

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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