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Loan Collateral Agreement
"I need a Loan Collateral Agreement under Hong Kong law for a real estate development company borrowing HKD 50 million from a local bank, with the security being a commercial property in Kowloon, to be executed by March 2025."
1. Parties: Identification of the lender(s), borrower(s), and any security trustees or agents
2. Background: Context of the security arrangement, reference to the underlying loan agreement, and purpose of the security
3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and references to relevant agreements
4. Creation of Security: Legal language creating the security interest over the collateral
5. Collateral Description: Detailed description of the assets being provided as security
6. Representations and Warranties: Borrower's confirmations regarding ownership, authority, and status of collateral
7. Covenants: Ongoing obligations regarding maintenance, insurance, and preservation of collateral
8. Perfection Requirements: Requirements for registration, filing, and other perfection steps
9. Rights and Obligations: Detailed rights of the secured party and obligations of the security provider
10. Events of Default: Circumstances triggering enforcement rights
11. Enforcement: Powers and methods of enforcement upon default
12. Application of Proceeds: Order of application of enforcement proceeds
13. Power of Attorney: Appointment of lender as security provider's attorney for enforcement purposes
14. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Intercreditor Provisions: Required when multiple creditors have security interests in the same collateral
2. Further Advances: Include when the security may secure future advances under the loan
3. Currency Provisions: Required for cross-border transactions or multiple currency facilities
4. Tax Gross-up: Include when tax deductions may apply to enforcement proceeds
5. Release and Reinstatement: Include when partial releases of collateral may be needed
6. Security Trust Provisions: Required when security is held by a security trustee for multiple lenders
7. Control Agreements: Required for bank accounts or investment property collateral
8. Insurance Requirements: Detailed section needed for physical assets requiring insurance
1. Schedule 1 - Collateral Description: Detailed technical or legal description of all collateral assets
2. Schedule 2 - Perfection Requirements: Specific filing, registration, and notice requirements for each type of collateral
3. Schedule 3 - Form of Notice to Third Parties: Template notices to account debtors, tenants, or other relevant parties
4. Schedule 4 - Existing Security Interests: List of permitted existing security interests over the collateral
5. Schedule 5 - Form of Security Power of Attorney: Detailed power of attorney document for enforcement purposes
6. Schedule 6 - Form of Notice of Assignment: Template for notices of assignment required for certain types of collateral
7. Appendix A - Related Agreements: List and copies of related loan documents and security agreements
8. Appendix B - Filing and Registration Forms: Relevant forms for Companies Registry and other registrations
Authors
Additional Collateral
Assigned Rights
Authorisation
Business Day
Charged Assets
Collateral
Collateral Account
Companies Ordinance
Secured Obligations
Default Interest
Default Notice
Delegate
Disposal
Enforcement Event
Enforcement Notice
Event of Default
Facility Agreement
Finance Documents
Financial Indebtedness
Group
Guarantor
Hong Kong
Insolvency Event
Insurance Policies
Legal Charge
Lender
Loan
Material Adverse Effect
Obligor
Permitted Security Interest
Power of Attorney
Proceeds
Receiver
Registrable Charge
Relevant Jurisdiction
Secured Assets
Secured Liabilities
Secured Party
Security
Security Agent
Security Documents
Security Interest
Security Period
Security Provider
Security Trust
Tax
Transaction Documents
Trust Property
Winding-up
Grant of Security
Fixed Charge
Floating Charge
Assignment
Continuing Security
Representations and Warranties
Covenants
Perfection of Security
Further Assurance
Negative Pledge
Registration
Powers of Attorney
Enforcement
Appointment of Receiver
Application of Proceeds
Release of Security
Set-off Rights
Currency Conversion
Costs and Expenses
Indemnities
Assignment and Transfer
Amendments and Waivers
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Counterparts
Third Party Rights
Governing Law
Dispute Resolution
Banking
Financial Services
Real Estate
Manufacturing
Trading
Retail
Technology
Infrastructure
Construction
Energy
Healthcare
Transportation
Agriculture
Mining
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Banking
Commercial Banking
Operations
Security Administration
Document Management
Transaction Management
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Credit Manager
Loan Officer
Security Trustee
Commercial Banking Manager
Corporate Banking Director
Legal Director
Transaction Manager
Collateral Manager
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