The Facility Agreement Loan is a fundamental financing document used in Pakistani banking and financial transactions to establish legally binding lending arrangements between financial institutions and borrowers. This document is essential when a company or entity seeks to obtain credit facilities from banks or financial institutions in Pakistan, whether for working capital, expansion, project financing, or other business purposes. The agreement must comply with the Banking Companies Ordinance 1962, Financial Institutions (Recovery of Finances) Ordinance 2001, and other relevant Pakistani banking and financial regulations. It typically includes detailed provisions on facility terms, security arrangements, drawdown mechanisms, repayment schedules, and borrower obligations, all structured to ensure enforceability under Pakistani law while protecting the interests of all parties involved.
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1. Parties: Identification of the lender(s), borrower(s), and any guarantors or security providers
2. Background: Context of the facility agreement and brief description of the transaction
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Details of the loan facility, including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the facility can be drawn
6. Drawdown: Procedures and requirements for drawing down the facility
7. Interest: Interest rate, calculation method, payment dates, and default interest provisions
8. Repayment: Terms and schedule for repayment of the facility
9. Prepayment: Provisions for voluntary and mandatory prepayment
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Covenants: Positive and negative obligations of the borrower during the facility period
12. Events of Default: Circumstances that constitute default and consequences thereof
13. Security: Description of security arrangements and enforcement rights
14. Changes to Parties: Rules for assignment and transfer of rights and obligations
15. Administration: Administrative provisions including notices and calculations
16. Governing Law and Jurisdiction: Choice of Pakistani law and jurisdiction provisions
17. Execution: Signature blocks and execution formalities
1. Syndication Provisions: Required when multiple lenders are involved or syndication is contemplated
2. Islamic Finance Provisions: Required when the facility needs to be Shariah-compliant
3. Foreign Currency Provisions: Required when the facility involves foreign currency
4. Security Trustee Provisions: Required when security is held by a security trustee for multiple lenders
5. Intercreditor Provisions: Required when there are multiple creditors with different priorities
6. Tax Gross-Up and Indemnities: Detailed tax provisions required for cross-border or complex transactions
7. Increased Costs: Provisions dealing with changes in law or regulations affecting lenders' costs
8. Force Majeure: Provisions dealing with unforeseen circumstances affecting performance
1. Conditions Precedent: Detailed list of documents and conditions required before drawdown
2. Form of Drawdown Request: Template for borrower to request drawdown of the facility
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Form of Transfer Certificate: Template for transferring rights and obligations under the facility
5. Security Documents: List and copies of all security documents
6. Existing Security: Details of any existing security affecting the borrower's assets
7. Form of Compliance Certificate: Template for periodic confirmation of compliance with covenants
8. Financial Covenants Calculations: Detailed methodology for calculating financial covenants
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Energy
Infrastructure
Technology
Healthcare
Retail
Agriculture
Mining
Telecommunications
Construction
Transport and Logistics
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Company Secretarial
Business Development
Corporate Finance
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Risk Manager
Corporate Banker
Relationship Manager
Credit Officer
Company Secretary
Finance Manager
Banking Officer
Legal Director
Corporate Finance Manager
Chief Legal Officer
Business Development Manager
Account Manager
Financial Controller
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