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Loan Sharing Agreement
"I need a Loan Sharing Agreement governed by Hong Kong law for a syndicated real estate development loan of HKD 500 million, where three banks will participate equally in the loan exposure, with one bank acting as facility agent."
1. Parties: Identifies and defines all parties to the agreement, including the original lender, participating lenders, and any facility agent or security trustee
2. Background: Sets out the context of the agreement, including details of the original loan and the intention to share the loan exposure
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Loan Participation: Details the structure of the loan sharing arrangement, including participation percentages and exposure amounts
5. Purchase Price and Payment: Specifies the consideration paid by participating lenders for their share in the loan
6. Rights and Obligations: Outlines the rights and obligations of each party regarding the shared loan
7. Payments and Distributions: Details how loan payments received will be distributed among participating lenders
8. Administration and Control: Establishes decision-making processes and voting rights regarding loan administration
9. Representations and Warranties: Contains standard representations and warranties from all parties
10. Confidentiality: Sets out confidentiality obligations regarding the loan and borrower information
11. Events of Default: Specifies circumstances constituting default and consequences
12. Termination: Details circumstances and procedures for terminating the agreement
13. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
1. Security Arrangements: Required when the original loan is secured and details how security interests are shared
2. Sub-Participation: Include when sub-participation rights are permitted under the agreement
3. Tax Provisions: Detailed tax provisions needed when parties are subject to different tax jurisdictions
4. Currency Provisions: Required when loan sharing involves multiple currencies
5. Facility Agent Provisions: Include when a facility agent is appointed to manage the loan
6. Assignment and Transfer: Detailed provisions for transferring loan shares when secondary trading is permitted
7. FATCA Provisions: Required when any party is subject to FATCA regulations
8. Sanctions Compliance: Include when parties operate in jurisdictions subject to international sanctions
1. Schedule 1 - Loan Details: Details of the original loan including amount, interest rate, maturity date, and payment schedule
2. Schedule 2 - Participation Details: Detailed breakdown of each participant's share percentage and exposure amount
3. Schedule 3 - Form of Transfer Certificate: Standard form for documenting transfers of loan participations
4. Schedule 4 - Administrative Details: Contact details and account information for all parties
5. Schedule 5 - Payment Mechanics: Detailed procedures for making and distributing payments
6. Appendix A - Calculation Methodology: Methods for calculating distributions, interest, and fees
7. Appendix B - Reporting Requirements: Templates and requirements for periodic reporting
8. Appendix C - Security Documents: Copies or details of related security documents if loan is secured
Authors
Administrative Details
Applicable Law
Available Commitment
Banking Day
Base Currency
Business Day
Calculation Date
Commitment
Confidential Information
Default Interest
Default Rate
Defaulting Lender
Distribution Date
Effective Date
Eligible Assignee
Event of Default
Facility
Facility Agent
FATCA
Fee Letter
Finance Documents
Financial Indebtedness
Hong Kong
HIBOR
Interest Payment Date
Interest Period
Law
Lenders
Loan
Loan Documents
Majority Lenders
Material Adverse Effect
Maturity Date
Original Lender
Participating Interest
Participation
Participation Amount
Participation Percentage
Party
Payment Date
Principal Amount
Pro Rata Share
Purchase Price
Reference Banks
Reference Rate
Regulatory Requirements
Relevant Market
Required Lenders
Sanctioned Person
Sanctions
Security
Security Documents
Security Interest
Settlement Date
Share
Sub-Participation
Taxes
Transfer Certificate
Transfer Date
Unpaid Sum
Voting Rights
Payment Terms
Interest
Fees
Distribution
Risk Sharing
Administration
Voting Rights
Decision Making
Information Rights
Regulatory Compliance
Representations and Warranties
Covenants
Events of Default
Remedies
Security
Assignment and Transfer
Sub-Participation
Confidentiality
Data Protection
Anti-Money Laundering
Sanctions Compliance
FATCA Compliance
Notices
Amendments
Governing Law
Dispute Resolution
Force Majeure
Termination
Indemnification
Set-off
Currency
Tax
Costs and Expenses
Severability
Entire Agreement
Banking
Financial Services
Investment Management
Real Estate
Infrastructure
Private Equity
Corporate Finance
Project Finance
Asset Management
Commercial Lending
Legal
Finance
Credit Risk
Compliance
Treasury
Loan Administration
Portfolio Management
Syndications
Transaction Management
Documentation
Risk Management
Financial Control
Legal Counsel
Banking Lawyer
Finance Manager
Credit Risk Manager
Compliance Officer
Relationship Manager
Loan Administrator
Treasury Manager
Investment Manager
Portfolio Manager
Syndication Manager
Transaction Manager
Risk Officer
Financial Controller
Documentation Manager
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