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Construction Loan Agreement

Construction Loan Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Construction Loan Agreement

"I need a Construction Loan Agreement for a HKD 250 million residential development project in Kowloon, with the loan to be syndicated among three banks and including specific provisions for green building requirements and sustainability certifications."

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Document background
The Construction Loan Agreement is a specialized financing document used in Hong Kong when a borrower requires funding specifically for construction projects. It combines elements of traditional loan agreements with construction-specific provisions, reflecting Hong Kong's unique regulatory environment and market practices. The agreement is essential for projects requiring substantial financing for construction activities, whether for commercial, residential, or infrastructure developments. It includes detailed provisions for drawdown mechanisms tied to construction milestones, project monitoring requirements, and specific security arrangements. The document must comply with Hong Kong's Banking Ordinance, Buildings Ordinance, and other relevant regulations while providing adequate protection for lenders and ensuring practical functionality for construction project implementation.
Suggested Sections

1. Parties: Identification of the lender(s) and borrower(s)

2. Background: Context of the construction project and purpose of the loan

3. Definitions and Interpretation: Definitions of terms used and rules of interpretation

4. The Facility: Details of the loan amount, purpose, and basic terms

5. Conditions Precedent: Conditions that must be satisfied before loan availability

6. Drawdown Procedures: Process and requirements for drawing down the loan

7. Construction Requirements: Specific requirements relating to the construction project

8. Interest and Fees: Interest rates, calculation methods, and applicable fees

9. Repayment and Prepayment: Terms for repayment and early repayment options

10. Security: Security arrangements for the loan

11. Representations and Warranties: Statements of fact by the borrower

12. Covenants: Ongoing obligations of the borrower

13. Construction Monitoring: Requirements for project monitoring and reporting

14. Events of Default: Circumstances constituting default and consequences

15. Boilerplate Provisions: Standard legal provisions including notices, amendments, governing law

Optional Sections

1. Syndication Provisions: Required if multiple lenders are involved in the facility

2. Insurance Requirements: Detailed insurance obligations if not covered in main covenants

3. Step-In Rights: Lender's rights to take control of the project in specific circumstances

4. Environmental Compliance: Specific environmental requirements and compliance measures

5. Security Trustee Provisions: Required if a security trustee is appointed

6. Cost Overrun Provisions: Specific provisions for handling construction cost overruns

7. Intercreditor Provisions: Required if there are multiple classes of creditors

8. Force Majeure: Specific provisions for handling force majeure events in construction

Suggested Schedules

1. Schedule 1 - Project Details: Detailed description of the construction project

2. Schedule 2 - Construction Schedule: Timeline and milestones for the construction project

3. Schedule 3 - Form of Drawdown Request: Template for drawdown requests

4. Schedule 4 - Conditions Precedent Documents: List of required documents for conditions precedent

5. Schedule 5 - Security Documents: List and forms of security documents

6. Schedule 6 - Project Budget: Detailed project budget and cost breakdown

7. Schedule 7 - Form of Progress Report: Template for construction progress reports

8. Schedule 8 - Professional Team: Details of architects, contractors, and other professionals

9. Appendix A - Required Insurance: Detailed insurance requirements and specifications

10. Appendix B - Technical Specifications: Technical requirements for the construction project

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
































































Clauses










































Relevant Industries

Banking & Financial Services

Construction & Engineering

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Development

Urban Development

Project Finance

Relevant Teams

Legal

Finance

Risk Management

Construction Management

Project Management

Credit

Compliance

Treasury

Technical Services

Property Development

Relevant Roles

Chief Financial Officer

Project Finance Manager

Construction Manager

Legal Counsel

Risk Manager

Project Director

Banking Relationship Manager

Construction Finance Specialist

Property Development Manager

Compliance Officer

Technical Director

Contract Administrator

Treasury Manager

Credit Risk Officer

Industries










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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