The Credit Purchase Agreement is a fundamental financial document used in Hong Kong when a lender extends credit facilities to a borrower. It is essential for both commercial and consumer lending transactions, providing a legally binding framework that protects the interests of all parties involved. The agreement must comply with Hong Kong's regulatory requirements, including the Money Lenders Ordinance, Banking Ordinance, and relevant financial regulations. It typically includes detailed provisions on facility limits, interest calculations, drawdown mechanisms, repayment schedules, events of default, and enforcement procedures. This document is particularly important in Hong Kong's dynamic financial market, where credit facilities play a crucial role in business operations and growth strategies.
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1. Parties: Identification of the credit provider and borrower with full legal names and addresses
2. Background: Context of the credit arrangement and purpose of the facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Details of the credit amount, purpose, and availability
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown: Procedures and requirements for drawing down the credit facility
7. Interest and Fees: Interest rate, calculation method, fees, and payment terms
8. Repayment: Repayment schedule, method, and prepayment provisions
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Ongoing obligations of the borrower during the term of the facility
11. Events of Default: Circumstances that constitute default and consequences
12. Termination: Conditions and procedures for terminating the agreement
13. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Security: Terms relating to any collateral or security provided for the facility
2. Guarantee: Terms of any guarantee provided by a third party
3. Currency Provisions: Provisions for handling multiple currencies if applicable
4. Insurance: Requirements for insurance of any secured assets
5. Assignment and Transfer: Provisions for transferring or assigning rights under the agreement
6. Increased Costs and Tax Gross-Up: Provisions for handling changes in tax or regulatory costs
7. Agency Provisions: Required when there are multiple lenders or an agent bank structure
1. Schedule 1 - Conditions Precedent: Detailed list of all required documents and conditions
2. Schedule 2 - Form of Drawdown Notice: Template for borrower to request drawdown of funds
3. Schedule 3 - Repayment Schedule: Detailed payment dates and amounts
4. Schedule 4 - Security Details: Details of any security or collateral provided
5. Schedule 5 - Fee Schedule: Breakdown of all applicable fees and charges
6. Appendix A - Calculation of Interest: Detailed methodology for interest calculation
7. Appendix B - Form of Compliance Certificate: Template for periodic compliance reporting
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Retail
Technology
Construction
Healthcare
Import/Export
Logistics
Professional Services
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit Control
Corporate Banking
Operations
Company Secretarial
Internal Audit
Relevant Roles
Chief Financial Officer
Financial Controller
Treasury Manager
Credit Risk Manager
Legal Counsel
Compliance Officer
Relationship Manager
Credit Analyst
Corporate Banking Manager
Finance Director
Risk Officer
Corporate Secretary
Banking Operations Manager
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