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Bilateral Loan Agreement for Hong Kong

Bilateral Loan Agreement Template for Hong Kong

A Hong Kong law-governed bilateral loan agreement is a legally binding contract between a lender and borrower that establishes the terms and conditions of a loan facility. This document encompasses all essential elements of the lending relationship, including loan amount, interest rates, repayment terms, conditions precedent, representations and warranties, covenants, and events of default. It incorporates specific requirements under Hong Kong legislation, including compliance with the Money Lenders Ordinance and Banking Ordinance where applicable, and reflects local market practice in terms of both commercial and legal provisions.

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Bilateral Loan Agreement

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What is a Bilateral Loan Agreement?

The Bilateral Loan Agreement is a fundamental document used in financing transactions where a single lender provides a loan facility to a borrower. This agreement is specifically tailored for use under Hong Kong law and incorporates local regulatory requirements and market practices. It is commonly used for corporate loans, asset financing, working capital facilities, and term loans. The document includes comprehensive provisions covering the facility terms, security arrangements (if any), representations and warranties, covenants, and events of default. It differs from syndicated loan agreements in that it involves only two main parties and typically has simpler administrative provisions. The agreement must comply with Hong Kong regulatory requirements, including those under the Money Lenders Ordinance and Banking Ordinance where applicable.

What sections should be included in a Bilateral Loan Agreement?

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the loan arrangement and purpose of the facility

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. The Facility: Core terms of the loan including amount, purpose, and availability period

5. Interest: Interest rate, calculation methods, payment periods, and default interest provisions

6. Repayment: Terms for repayment of principal, including schedule and prepayment provisions

7. Payments: Payment mechanics, business day conventions, and currency provisions

8. Representations and Warranties: Standard representations and warranties given by the borrower

9. Information Undertakings: Borrower's obligations to provide financial and other information

10. General Undertakings: Borrower's general covenants and obligations

11. Events of Default: Circumstances constituting default and consequences

12. Changes to Parties: Assignment and transfer provisions

13. Administration: Notice requirements, calculations, and other administrative provisions

14. Governing Law and Enforcement: Choice of law and jurisdiction provisions

What sections are optional to include in a Bilateral Loan Agreement?

1. Security: Required if the loan is secured, detailing the security arrangements and enforcement rights

2. Conditions Precedent: Include if there are specific conditions to be met before drawdown

3. Financial Covenants: Include for corporate borrowers where financial ratios need to be maintained

4. Increased Costs and Tax Gross-up: Include for more sophisticated transactions or where tax implications are significant

5. Multiple Currencies: Required if the loan can be drawn in different currencies

6. Guarantees: Include if there are guarantors supporting the borrower's obligations

7. Set-off Rights: Include if specific set-off rights are required beyond common law rights

8. Break Costs: Include for fixed rate loans or where early repayment may cause lender losses

What schedules should be included in a Bilateral Loan Agreement?

1. Form of Drawdown Request: Standard form for the borrower to request loan disbursements

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

3. Conditions Precedent Documents: List of required documents and conditions for initial drawdown

4. Form of Transfer Certificate: Standard form for transferring loan participations

5. Interest Calculation Examples: Examples showing how interest will be calculated in various scenarios

6. Form of Compliance Certificate: Template for periodic compliance reporting by borrower

7. Security Documents: Forms of security documents if loan is secured

8. Fee Schedule: Detailed breakdown of all applicable fees and charges

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Cost

Free to use
Relevant legal definitions








































Clauses


































Relevant Industries

Banking & Financial Services

Corporate Finance

Real Estate

Manufacturing

Trading & Commerce

Technology

Infrastructure

Healthcare

Retail

Hospitality

Energy & Resources

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit

Corporate Secretarial

Banking Operations

Relationship Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Credit Risk Manager

Relationship Manager

Loan Officer

Financial Controller

Company Secretary

Banking Executive

Senior Finance Manager

Risk Officer

Transaction Manager

Industries








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