The Bond Waiver is a crucial document used when circumstances necessitate modifications to existing bond terms under Hong Kong law. It's typically employed when issuers need temporary relief from specific bond covenants, require amendments to payment terms, or seek modifications to other bond conditions. The document is essential in Hong Kong's financial markets, particularly when companies face changing market conditions or require flexibility in their debt obligations. The waiver must comply with Hong Kong's Companies Ordinance, Securities and Futures Ordinance, and other relevant regulations. It requires careful consideration of bondholder rights, regulatory requirements, and market practices in Hong Kong's financial sector.
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1. Parties: Identifies the bond issuer, bondholders or trustee, and any other relevant parties to the waiver
2. Background: Recitals detailing the original bond issuance, relevant terms, and circumstances necessitating the waiver
3. Definitions: Defines key terms used in the waiver document, including references to original bond documentation
4. Waiver: Specifies the exact terms, conditions, or provisions being waived or modified
5. Conditions Precedent: Lists conditions that must be satisfied before the waiver becomes effective
6. Effective Date and Duration: Specifies when the waiver takes effect and its duration
7. Representations and Warranties: Confirmations from the issuer regarding their authority and capacity to enter into the waiver
8. Continuing Effect: Confirms that non-waived provisions of the original bond documentation remain in full force
9. Governing Law and Jurisdiction: Specifies Hong Kong as the governing law and relevant jurisdiction
1. Waiver Fees: Include when there are fees payable in connection with the waiver
2. Regulatory Compliance: Include when specific regulatory approvals or notifications are required
3. Tax Implications: Include when the waiver has material tax consequences that need to be addressed
4. Multiple Jurisdictions: Include when the waiver affects bonds listed or traded in multiple jurisdictions
5. Bondholder Voting Results: Include when the waiver requires or has obtained bondholder approval
6. Security Modifications: Include when the waiver affects any security or guarantees associated with the bonds
1. Original Bond Terms: Extract of relevant provisions from the original bond documentation being waived or modified
2. Conditions Precedent Documents: List of documents required to satisfy conditions precedent
3. Form of Notice: Template for notifying relevant parties of the waiver
4. Required Approvals: Copies or details of regulatory or third-party approvals obtained
5. Fee Schedule: Details of any fees payable in connection with the waiver, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Infrastructure
Manufacturing
Energy
Telecommunications
Transportation
Mining
Construction
Utilities
Relevant Teams
Legal
Finance
Treasury
Compliance
Corporate Secretariat
Risk Management
Corporate Finance
Investment
Operations
Relevant Roles
Chief Financial Officer
Treasury Manager
Legal Counsel
Compliance Officer
Corporate Secretary
Finance Director
Bond Administrator
Trust Officer
Investment Manager
Risk Manager
Corporate Finance Manager
Securities Officer
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