The Fixed Sum Loan Agreement is a fundamental financial instrument used in Hong Kong for documenting loans where a specific sum is advanced in full at the start of the agreement, unlike facilities where amounts can be drawn down flexibly. This document type is essential for both corporate and individual lending, requiring compliance with Hong Kong's financial regulations, particularly the Money Lenders Ordinance (Cap. 163) and interest rate restrictions. It's commonly used for business expansion, asset acquisition, or personal financing needs where the borrower requires a one-time loan disbursement. The agreement includes detailed terms covering loan amount, interest calculations, repayment structure, security arrangements (if any), and default provisions, all tailored to be enforceable under Hong Kong law.
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1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses
2. Background: Brief context of the loan arrangement and purpose
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. The Loan: Specifies the loan amount, purpose, and conditions precedent to drawdown
5. Interest: Details the interest rate, calculation method, and payment frequency
6. Repayment: Sets out the repayment schedule, method of payment, and prepayment provisions
7. Representations and Warranties: Standard representations and warranties given by the Borrower
8. Borrower's Covenants: Positive and negative obligations of the Borrower during the loan term
9. Events of Default: Lists circumstances that constitute default and consequences thereof
10. Payments: Details payment mechanics, currency, and treatment of non-business days
11. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the agreement
12. Notices: Specifies how formal communications between parties should be made
13. Assignment and Transfer: Rules regarding transfer of rights and obligations under the agreement
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
15. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
1. Security: Include when the loan is secured by assets or property
2. Guarantee: Include when there is a guarantor for the loan
3. Insurance: Include when specific insurance requirements are imposed on the Borrower
4. Information Undertakings: Include for corporate borrowers when regular financial reporting is required
5. Tax Gross Up: Include when tax implications need to be addressed specifically
6. Set-off Rights: Include when the Lender requires explicit set-off rights
7. Change of Circumstances: Include provisions for dealing with changes in law or circumstances affecting the loan
8. Subordination: Include when the loan needs to be subordinated to other debt
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Conditions Precedent: List of documents and conditions required before loan drawdown
3. Form of Drawdown Notice: Standard form for requesting loan disbursement
4. Security Details: Details of any security or collateral (if applicable)
5. Form of Compliance Certificate: Template for periodic compliance certification (if required)
6. Calculation of Interest and Fees: Detailed methodology for calculating interest and other fees
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