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Funding Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Funding Agreement

"I need a Funding Agreement for a Series A investment of HKD 10 million into my technology startup, where the venture capital firm will receive 20% equity and standard board observation rights."

Document background
The Funding Agreement is a crucial document used in Hong Kong's dynamic financial market when one party (the funder) agrees to provide financial support to another party (the recipient) under specific terms and conditions. This agreement is essential for various funding scenarios, including venture capital investments, private equity funding, corporate financing, and startup funding rounds. The document typically includes detailed provisions about funding amounts, drawdown mechanisms, conditions precedent, representations and warranties, covenants, and reporting requirements. Operating under Hong Kong law, it must comply with local regulations including the Securities and Futures Ordinance, Companies Ordinance, and relevant financial regulations. The agreement serves to protect both parties' interests while providing a clear framework for the funding relationship.
Suggested Sections

1. Parties: Identification of the funder(s) and recipient(s), including registration details and addresses

2. Background: Context of the funding arrangement, purpose of funding, and brief description of the business relationship

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

4. Funding Amount and Purpose: Specification of the total funding amount and its intended use

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

6. Funding Mechanics: Process for drawdown, payment methods, and timing of funding

7. Representations and Warranties: Statements of fact and assurances from both parties

8. Covenants: Ongoing obligations of the recipient regarding business operations and use of funds

9. Information Rights: Recipient's obligations to provide financial and operational information to the funder

10. Events of Default: Circumstances that constitute default and their consequences

11. Termination: Circumstances under which the agreement can be terminated and the consequences

12. Confidentiality: Obligations regarding confidential information

13. Notices: Process and requirements for formal communications between parties

14. General Provisions: Standard boilerplate clauses including governing law, assignment, and amendments

Optional Sections

1. Security: Required if the funding is secured against assets or requires guarantees

2. Interest and Fees: Needed for debt funding arrangements specifying interest rates and any additional fees

3. Conversion Rights: Required for convertible funding instruments, specifying terms of conversion to equity

4. Multiple Drawdown Provisions: Needed when funding is provided in multiple tranches

5. Co-Funding Provisions: Required when multiple funders are involved

6. Board Rights: Needed when funding includes rights to board representation

7. Exit Rights: Required for equity funding specifying terms for future exits

8. Anti-Dilution Protection: Needed for equity funding to protect against future dilution

9. Intellectual Property Rights: Required when funding is tied to specific IP or technology development

Suggested Schedules

1. Schedule 1 - Details of the Parties: Detailed information about all parties including registration numbers, addresses, and contact persons

2. Schedule 2 - Funding Schedule: Detailed breakdown of funding amounts, timing, and any tranches

3. Schedule 3 - Conditions Precedent Documents: List of all documents and conditions required before funding

4. Schedule 4 - Form of Drawdown Notice: Template for requesting drawdown of funds

5. Schedule 5 - Disclosure Schedule: Exceptions to representations and warranties

6. Schedule 6 - Required Consents and Approvals: List of all regulatory and third-party approvals needed

7. Schedule 7 - Security Documents: Details of any security or guarantees (if applicable)

8. Schedule 8 - Reporting Requirements: Specific requirements for financial and operational reporting

9. Appendix A - Key Performance Indicators: Metrics and targets tied to funding conditions

10. Appendix B - Form of Compliance Certificate: Template for periodic compliance certification

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

Technology and Software

Financial Services

Healthcare and Biotech

Real Estate and Property

Manufacturing

E-commerce

Clean Energy and Sustainability

Education Technology

Telecommunications

Consumer Goods

Professional Services

Media and Entertainment

Infrastructure

Logistics and Supply Chain

Relevant Teams

Legal

Finance

Compliance

Risk Management

Corporate Development

Treasury

Investment

Due Diligence

Business Development

Corporate Secretarial

Executive Leadership

Board of Directors

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Investment Director

Finance Director

Legal Counsel

Investment Manager

Corporate Lawyer

Financial Controller

Compliance Officer

Company Secretary

Risk Manager

Business Development Director

Treasury Manager

Fund Manager

Managing Partner

Investment Analyst

Due Diligence Officer

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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