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Warehouse Loan Agreement
"I need a Hong Kong law Warehouse Loan Agreement for a US$50 million facility to a commodity trading company, with multiple warehouse locations in Asia and a third-party collateral manager, to be signed by March 2025."
1. Parties: Identifies all parties to the agreement including lender, borrower, and warehouse operator
2. Background: Sets out the context of the agreement and brief description of the transaction
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. The Facility: Details of the loan facility including amount, purpose, and drawdown conditions
5. Storage and Warehousing Arrangements: Terms governing the storage of goods, including location, access rights, and handling procedures
6. Security Interest: Creation and perfection of security interest over the warehoused goods
7. Representations and Warranties: Standard and transaction-specific representations and warranties from all parties
8. Covenants: Positive and negative obligations of the parties during the facility period
9. Monitoring and Inspection Rights: Lender's rights to monitor and inspect the warehoused goods
10. Insurance: Requirements for insurance coverage of the warehoused goods
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement Rights: Lender's rights and remedies upon default
13. Fees and Expenses: All applicable fees, costs, and expenses
14. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Tripartite Arrangements: Required when there's a separate collateral manager or monitoring agency
2. Multiple Warehouse Locations: Required when goods are stored across different warehouse locations
3. Guarantee Provisions: Include when there are third-party guarantors
4. Sub-participation: Include if lender requires right to sub-participate the loan
5. Import/Export Provisions: Required for international trade financing situations
6. VAT and Tax Provisions: Detailed tax provisions if significant tax implications exist
7. Electronic Documentation: Include when parties agree to use electronic documentation system
1. Facility Terms: Detailed commercial terms of the facility including pricing, tenure, and repayment schedule
2. Warehouse Details: Specific details of warehouse location(s), layout, and storage specifications
3. Condition Precedent Documents: List of all required documents before facility effectiveness
4. Security Documents: Forms of security documents and perfection requirements
5. Approved Goods: List and specifications of goods approved for warehouse storage
6. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
7. Operating Procedures: Detailed procedures for goods movement, monitoring, and reporting
8. Form of Drawdown Request: Standard form for requesting loan disbursements
9. Form of Monitoring Reports: Templates for periodic monitoring and inspection reports
Authors
Advance
Applicable Law
Approved Goods
Availability Period
Banking Day
Borrowing Base
Collateral
Collateral Manager
Collateral Management Agreement
Commitment
Conditions Precedent
Default
Default Interest
Drawdown Date
Drawdown Notice
Enforcement Event
Event of Default
Facility
Facility Documents
Facility Limit
Final Maturity Date
Finance Documents
Financial Indebtedness
HIBOR
Hong Kong
Insurance Policies
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Margin
Material Adverse Effect
Monitoring Reports
Outstanding Amount
Permitted Security
Potential Default
Pricing Schedule
Principal Amount
Release Request
Relevant Documents
Repayment Date
Repayment Schedule
Security
Security Agent
Security Documents
Security Interest
Security Period
Storage Agreement
Storage Documents
Storage Location
Subsidiary
Taxes
Transaction Documents
Transfer Certificate
Trust Receipt
Warehouse
Warehouse Operator
Warehouse Receipt
Warehoused Goods
Conditions Precedent
Drawdown
Interest
Repayment
Security
Warehousing Arrangements
Storage Conditions
Access Rights
Monitoring and Inspection
Insurance
Representations and Warranties
Covenants
Events of Default
Enforcement
Collateral Management
Risk of Loss
Title and Ownership
Payment Terms
Set-off
Assignment and Transfer
Information Undertakings
Costs and Expenses
Tax
Indemnification
Confidentiality
Force Majeure
Notice Requirements
Amendment and Waiver
Severability
Counterparts
Electronic Execution
Governing Law
Dispute Resolution
Third Party Rights
Banking and Financial Services
Logistics and Warehousing
International Trade
Commodity Trading
Manufacturing
Agriculture
Retail
Mining
Energy
Food and Beverage
Legal
Credit Risk
Trade Finance
Operations
Treasury
Compliance
Finance
Commercial
Credit Administration
Warehouse Operations
Collateral Management
Trade Finance Manager
Credit Risk Officer
Legal Counsel
Relationship Manager
Warehouse Manager
Operations Director
Chief Financial Officer
Treasury Manager
Compliance Officer
Security Trustee
Collateral Manager
Risk Manager
Finance Director
Commercial Director
Credit Administrator
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