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Bilateral Credit Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Bilateral Credit Agreement

"I need a Bilateral Credit Agreement for a HKD 50 million term loan facility between ABC Bank Limited as lender and XYZ Manufacturing Limited as borrower, with a first fixed charge over the borrower's equipment and machinery as security."

Document background
The Bilateral Credit Agreement is a fundamental financing document used when a lender (typically a financial institution) agrees to provide credit facilities to a borrower under Hong Kong law. It is essential for various financing transactions, from corporate lending to asset financing, and can be adapted for different facility types including term loans, revolving facilities, or mixed facilities. The agreement comprehensively documents the lending relationship, including facility terms, conditions, covenants, and security arrangements (if applicable). It must comply with Hong Kong banking regulations, including the Banking Ordinance and related regulatory requirements. This document is particularly important in Hong Kong's role as a major financial center, where it facilitates both domestic and cross-border lending transactions while providing legal certainty and enforcement mechanisms under Hong Kong law.
Suggested Sections

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the credit facility and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. The Facility: Details of the credit facility including amount, purpose, and availability period

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Drawdown: Procedures and requirements for drawing down the facility

7. Interest: Interest rate, calculation method, and payment provisions

8. Repayment: Terms and schedule for repayment of the facility

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Covenants: Ongoing obligations of the borrower throughout the facility period

11. Events of Default: Circumstances that constitute default and consequences thereof

12. Changes to Parties: Provisions regarding assignment and transfer rights

13. Payments: Payment mechanics, currency, and tax provisions

14. Notices: Communication requirements and contact details

15. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction

Optional Sections

1. Security: Required if the facility is secured, detailing the security arrangements and enforcement rights

2. Guarantee: Required if there is a guarantor providing support for the borrower's obligations

3. Insurance: Required if specific insurance coverage is mandated for the borrower

4. Increased Costs: Added when the lender needs protection against regulatory changes affecting the cost of funding

5. Market Disruption: Include for facilities with floating interest rates to address market disruption events

6. Set-off Rights: Optional provisions allowing the lender to set off debts against borrower's accounts

7. Syndication Provisions: Required if the facility may be syndicated in the future

8. Break Costs: Include for fixed rate facilities or where early repayment may trigger costs

Suggested Schedules

1. Form of Drawdown Request: Template for the borrower to request drawings under the facility

2. Conditions Precedent Documents: Detailed list of required documents and conditions to be satisfied

3. Repayment Schedule: Detailed schedule of repayment dates and amounts if term loan

4. Form of Transfer Certificate: Template for transferring rights and obligations under the facility

5. Form of Compliance Certificate: Template for periodic certification of compliance with financial covenants

6. Security Documents: List and/or copies of security documents if facility is secured

7. Fees Schedule: Detailed breakdown of all applicable fees and charges

8. Permitted Security Interests: List of security interests permitted to exist over borrower's assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





























































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Relevant Industries

Banking & Financial Services

Corporate Finance

Real Estate & Property Development

Manufacturing & Industrial

Retail & Consumer

Technology & Communications

Healthcare & Pharmaceuticals

Energy & Resources

Infrastructure & Construction

Transport & Logistics

Professional Services

Hospitality & Tourism

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Credit

Operations

Company Secretarial

Transaction Management

Documentation

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Compliance Officer

Credit Risk Manager

Relationship Manager

Loan Officer

Corporate Banking Manager

Finance Manager

Company Secretary

Financial Controller

Risk Manager

Transaction Manager

Credit Analyst

Legal Director

Banking Operations Manager

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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