The Short Term Loan Agreement is a crucial financial instrument used in Hong Kong for establishing temporary financing arrangements, typically with durations of up to 12 months. It is commonly utilized when businesses or individuals require quick access to funds for working capital, bridge financing, or specific short-term projects. The document must comply with Hong Kong's legal framework, particularly the Money Lenders Ordinance (Cap. 163) and related financial regulations. The agreement includes comprehensive details about loan amount, interest calculations, repayment schedule, security arrangements (if any), events of default, and enforcement mechanisms. It's essential for both regulated financial institutions and private lenders in Hong Kong, providing legal protection and clarity for all parties involved in the lending transaction.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Brief context of the loan arrangement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. The Loan: Details of the loan amount, purpose, and drawdown arrangements
5. Interest: Interest rate, calculation method, and payment frequency
6. Repayment: Terms of repayment including schedule, method, and prepayment provisions
7. Borrower's Representations and Warranties: Standard representations about borrower's capacity and authority to enter into the agreement
8. Borrower's Covenants: Ongoing obligations of the borrower during the loan term
9. Events of Default: Circumstances constituting default and consequences
10. Payments: Payment mechanics, business day conventions, and currency provisions
11. Notices: How formal communications between parties should be made
12. General Provisions: Standard boilerplate clauses including governing law, assignment, and amendments
1. Security: Include when the loan is secured by any assets or collateral
2. Guarantee: Include when there is a guarantor for the loan
3. Conditions Precedent: Include for more complex loans where specific conditions must be met before drawdown
4. Tax Gross Up: Include when tax implications need to be addressed explicitly
5. Financial Covenants: Include when specific financial metrics need to be maintained
6. Information Undertakings: Include when regular financial or other reporting is required
7. Assignment and Transfer: Include when transfer rights need to be specifically addressed
8. Costs and Expenses: Include when there are significant transaction costs to be allocated
1. Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Form of Drawdown Notice: Standard form for requesting loan disbursement
3. Conditions Precedent Documents: List of required documents to be provided before drawdown
4. Security Details: Details of any security or collateral if applicable
5. Form of Compliance Certificate: Standard form for confirming compliance with loan terms
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