The Loan Lease Agreement is a specialized legal instrument used in Hong Kong when parties wish to combine property leasing and financing arrangements into a single, comprehensive agreement. This type of document is particularly useful in commercial real estate transactions where the same party acts as both lender and landlord, or where the financing and leasing aspects need to be closely integrated. The agreement must comply with Hong Kong's Landlord and Tenant (Consolidation) Ordinance, Money Lenders Ordinance, and related regulations. It typically includes detailed provisions on loan terms, interest rates, lease duration, rental payments, property maintenance, security arrangements, and default remedies. This document is commonly used in commercial property developments, retail establishments, and industrial facilities where businesses require both premises and financing from the same counterparty.
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1. Parties: Identification of the lender/landlord and borrower/tenant, including full legal names, addresses, and registration details if companies
2. Background: Context of the transaction, relationship between parties, and purpose of the loan lease arrangement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the document
4. Loan Terms: Principal amount, interest rate, repayment schedule, and loan conditions
5. Lease Terms: Property description, lease duration, rent amount, payment schedule, and permitted use
6. Security and Collateral: Details of any security interests, guarantees, or collateral securing the loan and lease obligations
7. Payments and Fees: Payment mechanisms, due dates, allocation between loan and lease payments, and additional fees
8. Covenants and Obligations: Ongoing obligations of both parties regarding property maintenance, insurance, and loan compliance
9. Events of Default: Circumstances constituting default under either the loan or lease aspects and consequences
10. Remedies: Rights and remedies available to parties in case of default or breach
11. Term and Termination: Duration of the agreement, renewal options, and termination provisions
12. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Guarantees: Required when there is a third-party guarantor for either the loan or lease obligations
2. Property Management: Included when specific property management arrangements need to be detailed
3. Assignment and Subletting: Required when transfer or subletting rights need to be addressed
4. Renovation and Alterations: Included when the agreement allows for or restricts property modifications
5. Special Purpose Vehicle Provisions: Required when the borrower/tenant is an SPV with specific requirements
6. Pre-payment Terms: Included when early loan repayment options are available
7. Step-In Rights: Required for complex commercial arrangements where lender may need to take control
8. Environmental Compliance: Required for properties with specific environmental obligations or concerns
1. Property Details: Detailed description of the property including floor plans, boundaries, and fixtures
2. Payment Schedule: Detailed breakdown of loan repayments and rent payments, including amounts and due dates
3. Condition Report: Documentation of property condition at commencement of lease
4. Permitted Uses: Detailed list of permitted activities and uses for the property
5. Insurance Requirements: Specific insurance requirements for both the property and loan security
6. Form of Guarantee: Standard form of guarantee if applicable
7. Service Charges: Breakdown of any additional charges, management fees, or service fees
8. Special Conditions: Any specific conditions or requirements unique to the transaction
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking
Financial Services
Commercial Property
Retail
Manufacturing
Hospitality
Logistics
Professional Services
Industrial
Relevant Teams
Legal
Finance
Real Estate
Treasury
Risk Management
Operations
Facilities Management
Compliance
Corporate Development
Property Management
Relevant Roles
Real Estate Manager
Finance Director
Legal Counsel
Property Manager
Commercial Director
Treasury Manager
Facilities Manager
Risk Manager
Corporate Lawyer
Business Development Manager
Operations Director
Chief Financial Officer
Asset Manager
Compliance Officer
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