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Real Estate Loan Agreement

Real Estate Loan Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Real Estate Loan Agreement

"I need a Real Estate Loan Agreement for a HKD 50 million commercial property loan with three corporate borrowers and a guarantor, including syndication provisions and multiple property security arrangements."

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Document background
The Real Estate Loan Agreement is a fundamental document used in Hong Kong's property financing landscape when a lender provides funding secured against real estate. It serves as the primary contract governing the lending relationship, incorporating specific requirements under Hong Kong's banking and property laws. The agreement is essential for both commercial and residential property financing, detailing crucial elements such as loan terms, security arrangements, borrower obligations, and enforcement mechanisms. It must comply with various Hong Kong ordinances, including banking, property, and consumer protection regulations. This document is particularly important given Hong Kong's active real estate market and sophisticated financial sector, requiring careful consideration of local market practices and regulatory requirements.
Suggested Sections

1. Parties: Identifies and defines the Lender, Borrower, and any Guarantors with their full legal names and addresses

2. Background: Sets out the context of the loan agreement, including the purpose of the loan and brief description of the property

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation

4. The Facility: Details of the loan amount, purpose, and drawdown conditions

5. Interest and Fees: Specifies interest rate(s), calculation method, payment periods, and all applicable fees

6. Repayment Terms: Details of repayment schedule, installment amounts, and early repayment provisions

7. Security: Description of the mortgage and any other security interests being granted

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

9. Borrower's Covenants: Ongoing obligations of the Borrower throughout the loan term

10. Events of Default: Circumstances that constitute default and the Lender's rights upon default

11. Insurance Requirements: Mandatory insurance coverage for the property and assignment of policies

12. Property Related Provisions: Obligations regarding property maintenance, use, and restrictions

13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Guarantor Provisions: Required when there are guarantors for the loan, detailing their obligations and liabilities

2. Multiple Properties: Needed when the loan is secured against multiple properties

3. Construction Provisions: Required for properties under construction or requiring significant renovation

4. Foreign Currency Provisions: Needed when the loan or repayments involve foreign currencies

5. Special Purpose Vehicle Provisions: Required when the Borrower is an SPV, including additional covenants and restrictions

6. Syndication Provisions: Needed when the loan involves multiple lenders

7. Pre-existing Tenancy Provisions: Required when the property is subject to existing tenancy agreements

Suggested Schedules

1. Property Details: Detailed description of the mortgaged property including title particulars

2. Repayment Schedule: Detailed breakdown of repayment dates and amounts

3. Conditions Precedent: List of documents and conditions required before drawdown

4. Fee Schedule: Detailed breakdown of all fees and charges

5. Form of Drawdown Notice: Template for requesting loan disbursements

6. Insurance Requirements: Detailed specifications for required insurance coverage

7. Standard Form Certificates: Templates for various certificates required during the loan term

8. Existing Encumbrances: List of any existing charges or encumbrances on the property

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Letter
Account Bank
Additional Security
Advance
Agreement
Applicable Law
Approved Valuer
Assignment
Authorized Person
Available Facility
Banking Day
Borrower
Break Costs
Building
Business Day
Charge
Charged Property
Completion
Conditions Precedent
Construction Documents
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Final Maturity Date
Finance Documents
Financial Indebtedness
Government Authority
Government Lease
Guarantor
HIBOR
Hong Kong
Insurance Policies
Interest Payment Date
Interest Period
Interest Rate
Land Registry
Legal Charge
Lender
Loan
Material Adverse Effect
Mortgage
Mortgaged Property
Outstanding Amount
Party/Parties
Permitted Security Interest
Property
Receiver
Relevant Documents
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Taxes
Title Documents
Total Commitment
Transaction Documents
Valuation Report
Clauses
Interpretation
Facility Terms
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security
Mortgage
Property Covenants
Representations and Warranties
Financial Covenants
Insurance
Information Undertakings
General Undertakings
Events of Default
Enforcement
Set-off
Assignment and Transfer
Payments
Costs and Expenses
Indemnities
Communications
Calculations
Amendments and Waivers
Change of Parties
Disclosure
Severability
Counterparts
Notices
Governing Law
Jurisdiction
Service of Process
Guarantee Provisions
Further Assurance
Remedies and Waivers
Confidentiality
Force Majeure
Anti-Money Laundering
Data Protection
Relevant Industries

Banking

Real Estate

Financial Services

Property Development

Construction

Investment

Property Management

Legal Services

Relevant Teams

Legal

Compliance

Risk Management

Credit

Real Estate Finance

Property Services

Corporate Banking

Retail Banking

Operations

Documentation

Due Diligence

Valuations

Relevant Roles

Loan Officer

Mortgage Specialist

Legal Counsel

Compliance Officer

Risk Manager

Property Manager

Real Estate Agent

Banking Relationship Manager

Credit Analyst

Property Valuer

Financial Controller

Company Secretary

Due Diligence Officer

Transaction Manager

Industries
Banking Ordinance (Cap. 155): Regulates banking business and lending institutions in Hong Kong, including requirements for mortgage lending and related activities
Conveyancing and Property Ordinance (Cap. 219): Governs real estate transactions and property rights, including the creation and enforcement of mortgages and charges over real property
Money Lenders Ordinance (Cap. 163): Regulates money lending transactions and provides protection for borrowers, including requirements for loan agreements and interest rates
Land Registration Ordinance (Cap. 128): Governs the registration of real estate transactions and interests in land, including mortgages and charges
Contract Ordinance (Cap. 26): Provides the legal framework for contract formation and enforcement, essential for loan agreement validity
Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615): Sets requirements for customer due diligence and record-keeping in financial transactions, including real estate loans
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, use, and handling of personal data in loan applications and agreements
Unconscionable Contracts Ordinance (Cap. 458): Protects against unfair terms in contracts, including loan agreements, particularly relevant for consumer protection
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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