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Real Estate Security Agreement
"I need a Real Estate Security Agreement under Hong Kong law for a commercial property in Tsim Sha Tsui, where the borrower is a property development company securing a HKD 50 million facility from a syndicate of three banks, with the security to be held by a security agent."
1. Parties: Identification of the security provider (chargor/mortgagor) and the security taker (chargee/mortgagee)
2. Background: Context of the security arrangement, reference to any facility agreement or underlying obligations
3. Definitions and Interpretation: Key terms used in the agreement, including property definitions, secured obligations, and interpretation rules
4. Creation of Security: Legal provisions creating the security interest over the property
5. Secured Obligations: Definition and scope of the obligations being secured by the property
6. Representations and Warranties: Security provider's confirmations regarding property ownership, authority, and absence of encumbrances
7. Covenants: Security provider's ongoing obligations regarding property maintenance, insurance, and compliance with laws
8. Events of Default: Circumstances constituting default and triggering enforcement rights
9. Enforcement Rights: Security taker's rights and remedies upon default, including power of sale
10. Assignments and Transfers: Provisions regarding transfer of rights under the agreement
11. Notices: Requirements for giving valid notices under the agreement
12. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction
13. Execution: Signature blocks and execution formalities
1. Security Agent Provisions: Required when security is held by an agent on behalf of multiple beneficiaries
2. Further Advances: Include when the security will secure future advances under a facility
3. Property Management: Include for commercial properties requiring specific management provisions
4. Rental Assignment: Include when the security includes assignment of rental income
5. Insurance Requirements: Detailed insurance provisions for high-value or commercial properties
6. Environmental Matters: Include for industrial properties or where environmental risks exist
7. Construction Obligations: Include when property is under development or construction
8. Multiple Properties: Additional provisions for security over multiple properties
1. Property Description: Detailed legal description of the secured property, including lot number and address
2. Form of Notices: Standard forms for enforcement and other notices
3. Secured Obligations: Detailed description of secured facilities or obligations
4. Insurance Requirements: Specific insurance requirements and minimum coverage
5. Form of Transfer Certificate: Standard form for transferring rights under the security
6. Existing Encumbrances: List of permitted existing encumbrances on the property
7. Property Management Terms: Detailed property management requirements and standards
8. Required Authorizations: List of required governmental and regulatory approvals
Authors
Secured Obligations
Security Interest
Security Period
Facility Agreement
Event of Default
Enforcement Event
Secured Parties
Security Agent
Permitted Security
Business Day
Disposal
Encumbrance
Financial Indebtedness
Fixtures and Fittings
Insurance Policies
Land Registry
Material Adverse Effect
Mortgage
Property Documents
Register
Related Rights
Rental Income
Security Assets
Title Documents
Valuation
Charged Property
Mortgaged Property
Default Interest Rate
Enforcement Notice
Government Authority
Insurances
Legal Requisitions
Occupational Lease
Planning Laws
Power of Attorney
Property Rights
Receiver
Registration Requirements
Secured Liabilities
Security Documents
Transaction Documents
Voting Rights
Definitions and Interpretation
Creation of Security
Secured Assets
Representations and Warranties
Positive Covenants
Negative Covenants
Property Maintenance
Insurance
Environmental Compliance
Default
Enforcement
Power of Sale
Appointment of Receiver
Assignment and Transfer
Further Assurance
Costs and Expenses
Indemnities
Notices
Amendments and Waivers
Severability
Counterparts
Set-off Rights
Currency
Registration
Property Management
Rental Income
Tax Provisions
Governing Law
Jurisdiction
Execution
Banking & Finance
Real Estate
Property Development
Commercial Property
Residential Property
Construction
Property Investment
Financial Services
Property Management
Legal Services
Legal
Real Estate
Finance
Risk Management
Compliance
Corporate Secretarial
Property Management
Credit Administration
Investment
Operations
Legal Counsel
Property Lawyer
Real Estate Manager
Finance Director
Chief Financial Officer
Property Development Manager
Risk Manager
Compliance Officer
Banking Relationship Manager
Real Estate Investment Manager
Property Portfolio Manager
Security Trustee
Mortgage Officer
Corporate Lawyer
Company Secretary
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