The Loan and Security Agreement is a fundamental document in Pakistani banking and finance practice, used when a lender provides financial facilities to a borrower while simultaneously taking security over assets to protect their interests. This agreement type is particularly important in Pakistan's legal framework as it combines what might otherwise be separate loan and security documents into a single, comprehensive agreement. The document must comply with various Pakistani laws including the Financial Institutions (Recovery of Finances) Ordinance 2001, Companies Act 2017, and State Bank of Pakistan regulations. It typically includes detailed provisions on facility terms, security creation, perfection requirements, representations and warranties, covenants, and enforcement mechanisms. The agreement can be structured to accommodate both conventional and Islamic financing principles, making it versatile for Pakistan's dual banking system.
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1. Parties: Identifies and defines the Lender, Borrower, and any guarantors or security providers
2. Background: Sets out the context of the loan arrangement and security provision
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. The Facility: Details of the loan amount, purpose, and drawdown conditions
5. Interest and Fees: Specifies interest rates, calculation methods, and applicable fees
6. Repayment Terms: Sets out repayment schedule, prepayment provisions, and payment mechanics
7. Security: Describes the security being created, perfection requirements, and ranking
8. Representations and Warranties: Statements of fact and assurances from the Borrower
9. Covenants: Positive and negative obligations of the Borrower during the loan term
10. Events of Default: Lists circumstances constituting default and consequences
11. Enforcement: Rights and remedies of the Lender upon default
12. Expenses and Indemnities: Allocation of costs and indemnification obligations
13. Changes to Parties: Provisions regarding assignment and transfer rights
14. Notices: Communication procedures between parties
15. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Islamic Finance Provisions: Required when the loan needs to be Shariah-compliant
2. Guarantee: Include when there are third-party guarantors
3. Intercreditor Provisions: Required when there are multiple lenders or ranking arrangements
4. Security Trustee Provisions: Include when security is held by a trustee for multiple lenders
5. Insurance: Detailed insurance requirements for secured assets
6. Tax Provisions: Specific tax-related provisions beyond standard deductions
7. Currency Provisions: Required for multi-currency facilities
8. Agency Provisions: Include when there is a facility agent
9. Security Margin and Top-up: For facilities secured by financial instruments or requiring maintenance of security value
1. Facility Terms: Detailed commercial terms including amounts, interest rates, and fees
2. Conditions Precedent: List of documents and conditions required before drawdown
3. Security Assets: Detailed description of all assets subject to security
4. Repayment Schedule: Detailed amortization or repayment schedule
5. Form of Drawdown Request: Template for borrower to request loan disbursement
6. Form of Compliance Certificate: Template for periodic compliance reporting
7. Permitted Security: List of existing or permitted security interests
8. Form of Transfer Certificate: Template for transferring loan participations
9. Financial Covenants: Detailed financial ratios and calculations
10. Security Documents: Forms of additional security documents to be executed
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Trading
Construction
Infrastructure
Technology
Agriculture
Healthcare
Energy
Telecommunications
Transport and Logistics
Retail
Relevant Teams
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Corporate Banking
Security Administration
Loan Operations
Documentation
Transaction Banking
Corporate Secretarial
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Manager
Risk Manager
Compliance Officer
Banking Officer
Security Trustee
Facility Agent
Treasury Manager
Company Secretary
Financial Controller
Credit Analyst
Legal Manager
Banking Relationship Manager
Loan Officer
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