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Drawdown Loan Agreement Template for Pakistan

A Drawdown Loan Agreement governed by Pakistani law is a comprehensive financing document that establishes a credit facility where the borrower can draw down funds in multiple tranches as needed, subject to specified conditions. The agreement details the facility amount, drawdown mechanics, interest calculations, repayment terms, and conditions precedent under Pakistani legal framework. It incorporates necessary provisions to comply with local banking regulations, including State Bank of Pakistan requirements, and addresses specific considerations under Pakistani contract law, such as stamp duty requirements and registration formalities where applicable.

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What is a Drawdown Loan Agreement?

The Drawdown Loan Agreement is a vital financing instrument in Pakistani banking practice, commonly used when businesses require flexible access to funding over time rather than a single lump sum. This document type is particularly useful for projects with phased funding requirements or businesses with varying capital needs. The agreement must comply with Pakistani banking regulations, including the Banking Companies Ordinance 1962 and State Bank of Pakistan directives. It typically includes detailed provisions for drawdown mechanics, conditions precedent, representations and warranties, covenants, and events of default. The structure allows borrowers to access funds as needed while providing lenders with necessary controls and security mechanisms. The agreement may be used for both conventional and Islamic banking arrangements, with appropriate modifications for Shariah compliance where required.

What sections should be included in a Drawdown Loan Agreement?

1. Parties: Identifies the lender and borrower with their full legal names, registration details, and addresses

2. Background: Explains the context of the loan facility and purpose for which it is being granted

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules

4. The Facility: Details the loan amount, purpose, and basic terms of the facility

5. Drawdown: Specifies the drawdown mechanics, notice requirements, and conditions for each drawdown

6. Interest: Sets out interest rate, calculation method, payment dates, and default interest provisions

7. Repayment: Details repayment schedule, prepayment terms, and mandatory prepayment events

8. Representations and Warranties: Contains borrower's representations about its legal status, capacity, and financial condition

9. Conditions Precedent: Lists documents and conditions required before facility becomes available

10. Covenants: Sets out positive and negative obligations of the borrower during the loan term

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

12. Changes to Parties: Addresses assignment and transfer rights of the parties

13. Notices: Specifies how formal communications between parties should be made

14. Governing Law and Jurisdiction: Confirms Pakistani law as governing law and specifies jurisdiction for disputes

What sections are optional to include in a Drawdown Loan Agreement?

1. Security: Required if the loan is secured - details the security structure and enforcement rights

2. Guarantee: Include when there is a guarantor for the loan obligations

3. Islamic Finance Provisions: Required for Shariah-compliant facilities to ensure compliance with Islamic banking principles

4. Multiple Lenders: Include for syndicated facilities to address relationship between lenders

5. Tax Gross-Up: Include where tax treatment needs specific attention, particularly for cross-border loans

6. Increased Costs: Include where regulatory changes might affect lender's costs

7. Set-off Rights: Include where parties maintain other banking relationships

8. Anti-corruption Provisions: Include for compliance with international banking standards or where required by lender policy

What schedules should be included in a Drawdown Loan Agreement?

1. Conditions Precedent: Detailed list of required documents and conditions

2. Form of Drawdown Notice: Template for borrower to request drawdown of funds

3. Repayment Schedule: Detailed amortization or repayment schedule

4. Form of Compliance Certificate: Template for periodic compliance certification by borrower

5. Financial Covenants: Detailed financial ratios and calculations

6. Security Documents: List and copies of all security documents

7. Existing Encumbrances: List of permitted existing security interests

8. Form of Transfer Certificate: Template for transferring loan participation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Pakistan

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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