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Conditional Waiver Template for Hong Kong

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Key Requirements PROMPT example:

Conditional Waiver

"I need a Conditional Waiver under Hong Kong law for a creditor waiving late payment penalties on a HKD 2 million debt, conditional upon the debtor making three equal installment payments by March 15, 2025, with the waiver becoming void if any payment is missed."

Document background
The Conditional Waiver is a strategic legal instrument used in Hong Kong business transactions when one party agrees to waive certain rights or claims against another party, but only upon the fulfillment of specific conditions. This document type is particularly valuable in scenarios involving debt restructuring, contract modifications, dispute resolution, or commercial negotiations where parties seek to achieve specific outcomes before permanently waiving their rights. The Conditional Waiver must comply with Hong Kong legal requirements and typically includes detailed provisions regarding the rights being waived, specific conditions to be met, timelines for compliance, and the legal effect of the waiver once conditions are satisfied. It serves as a crucial tool for managing business relationships while maintaining legal protections until agreed conditions are met.
Suggested Sections

1. Parties: Identification of the party granting the waiver and the party receiving the benefit of the waiver

2. Background: Context of the original obligation and circumstances leading to the waiver

3. Definitions: Key terms used in the waiver document

4. Rights Being Waived: Clear specification of the rights, claims, or obligations being waived

5. Conditions: Detailed conditions that must be satisfied for the waiver to become effective

6. Timeline: Specific dates or periods within which conditions must be met

7. Effect of Waiver: Legal consequences once conditions are met and waiver becomes effective

8. Governing Law: Confirmation of Hong Kong law as governing law

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Representations and Warranties: Used when parties need to make specific statements about their authority or circumstances - include for complex commercial situations

2. Confidentiality: Include when the waiver involves sensitive commercial information

3. Non-admission of Liability: Include when the waiver is part of a dispute resolution

4. Reservation of Rights: Include when certain rights need to be preserved despite the waiver

5. Further Assurance: Include when additional actions may be needed from parties to give effect to the waiver

6. Notices: Include when formal communication procedures need to be established

7. Severability: Include in complex waivers where certain provisions might be challenged

Suggested Schedules

1. Conditions Precedent: Detailed list of conditions that must be satisfied

2. Payment Schedule: If the waiver is conditional upon payments, details of payment amounts and timing

3. Original Agreement: Copy or extract of the original agreement containing the rights being waived

4. Required Actions: Specific actions required by either party to satisfy conditions

5. Form of Confirmation: Template for confirming when conditions have been met

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

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Relevant Industries

Banking & Finance

Real Estate & Property

Construction

Manufacturing

Professional Services

Retail

Technology

Infrastructure

Energy

Healthcare

Telecommunications

Shipping & Logistics

Insurance

Investment Management

Commercial Trading

Relevant Teams

Legal

Finance

Compliance

Risk Management

Commercial Operations

Credit Control

Business Development

Contract Administration

Company Secretariat

Treasury

Operations

Relevant Roles

Legal Counsel

Chief Legal Officer

Contract Manager

Risk Manager

Compliance Officer

Chief Financial Officer

Commercial Director

Project Manager

Business Development Manager

Credit Controller

Collections Manager

Property Manager

Company Secretary

Finance Director

Operations Director

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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