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Lender And Borrower Agreement
"I need a Lender and Borrower Agreement for a secured corporate loan of HKD 5 million to my technology startup company, with quarterly repayments over 3 years starting March 2025, including standard security provisions over company assets."
1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses
2. Background: Explains the context of the loan agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. The Loan: Specifies the loan amount, purpose, and disbursement conditions
5. Interest: Details the interest rate, calculation method, and payment frequency
6. Repayment: Specifies repayment schedule, method, and prepayment terms
7. Conditions Precedent: Lists conditions that must be satisfied before the loan is disbursed
8. Representations and Warranties: States the facts and assurances each party provides to the other
9. Borrower's Covenants: Lists the Borrower's ongoing obligations throughout the loan term
10. Events of Default: Defines circumstances that constitute default and their consequences
11. Payments: Details payment mechanics, currency, and treatment of non-business days
12. Notices: Specifies how formal communications between parties should be made
13. Assignment and Transfer: Establishes rules for transferring rights under the agreement
14. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
15. General Provisions: Contains standard boilerplate clauses including severability and entire agreement
1. Security: Include when the loan is secured by collateral, detailing the security arrangement
2. Guarantee: Include when there is a guarantor for the loan
3. Insurance: Include when specific insurance requirements are imposed on the Borrower
4. Special Drawing Conditions: Include for facilities with multiple drawdowns or special drawing requirements
5. Financial Covenants: Include for corporate borrowers with specific financial maintenance requirements
6. Tax Gross-Up: Include when tax implications need to be addressed explicitly
7. Increased Costs: Include when the Lender needs protection against regulatory changes affecting costs
8. Set-off Rights: Include when the Lender requires explicit set-off rights against Borrower's accounts
9. Joint and Several Liability: Include when there are multiple borrowers
10. Change of Circumstances: Include provisions for market disruption or changes affecting the loan
1. Schedule 1 - Loan Details: Contains specific loan terms including amount, interest rate, and repayment schedule
2. Schedule 2 - Conditions Precedent Documents: Lists all documents required before loan disbursement
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable
4. Schedule 4 - Form of Drawdown Notice: Standard form for requesting loan disbursement
5. Schedule 5 - Security Documents: Lists and describes any security documents if loan is secured
6. Schedule 6 - Fees and Charges: Details all applicable fees, charges, and their calculation methods
7. Appendix A - Compliance Certificate: Standard form for periodic compliance certification if required
8. Appendix B - Standard Forms: Contains other standard forms required during the loan term
Authors
Applicable Law
Availability Period
Banking Day
Borrower
Business Day
Change of Control
Conditions Precedent
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Financial Statements
HIBOR
Hong Kong
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Amount
Parties
Payment Date
Permitted Security
Potential Default
Prepayment
Principal
Repayment Date
Repayment Schedule
Security
Security Documents
Security Provider
Subsidiary
Tax
Term
Transaction Documents
Interest Rate
Repayment Terms
Security
Conditions Precedent
Representations and Warranties
Covenants
Events of Default
Remedies
Payment Mechanics
Prepayment
Set-off
Tax Gross-up
Increased Costs
Market Disruption
Assignment and Transfer
Confidentiality
Data Protection
Notice Requirements
Force Majeure
Default Interest
Guarantee
Indemnification
Amendments and Waivers
Severability
Counterparts
Further Assurance
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Banking and Financial Services
Real Estate
Manufacturing
Retail
Technology
Construction
Healthcare
Hospitality
Import/Export
Professional Services
Trading
Logistics
Education
Legal
Finance
Compliance
Credit Risk
Corporate Banking
Operations
Treasury
Risk Management
Business Development
Documentation
Loan Administration
Credit Analysis
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Credit Risk Manager
Loan Officer
Relationship Manager
Treasury Manager
Financial Controller
Credit Analyst
Corporate Banking Manager
Risk Assessment Officer
Business Development Manager
Company Secretary
Operations Manager
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