The Revenue Based Financing Agreement is designed for businesses seeking alternative growth capital without diluting equity or taking on traditional debt. This financing structure is particularly suitable for companies with predictable revenue streams operating in Pakistan, offering a flexible repayment mechanism based on the company's performance. The agreement, governed by Pakistani law, typically includes detailed provisions for funding amount, revenue share percentage, payment mechanics, reporting requirements, and cap on total repayment. It's commonly used by growing businesses that may not qualify for traditional bank financing or prefer not to pursue equity funding. The document ensures compliance with Pakistani financial regulations while providing clear guidelines for both the financing provider and recipient company regarding their rights, obligations, and the revenue-sharing mechanism.
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1. Parties: Identification of the financing provider and the recipient company
2. Background: Context of the financing arrangement and brief description of the business
3. Definitions and Interpretation: Key terms used throughout the agreement, including financial metrics and calculation methods
4. Amount and Purpose: Specification of the financing amount and its intended use
5. Revenue Share Mechanism: Core terms of how the revenue share is calculated and applied
6. Payment Terms: Detailed payment obligations, including timing, method, and calculation periods
7. Repayment Cap: Maximum repayment amount and conditions for agreement termination upon full repayment
8. Information Rights: Requirements for financial reporting and revenue verification
9. Representations and Warranties: Standard and specific assertions about the business and its capacity
10. Covenants: Ongoing obligations of the company, including business conduct and revenue recognition
11. Events of Default: Circumstances constituting default and consequences
12. Remedies: Rights and actions available upon default or breach
13. Confidentiality: Protection of sensitive business and financial information
14. Governing Law and Jurisdiction: Application of Pakistani law and jurisdiction details
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Security: Include when additional security or collateral is required for the financing
2. Personal Guarantee: Include when principals or shareholders provide personal guarantees
3. Intellectual Property Rights: Include for technology companies or when IP is crucial to revenue generation
4. Change of Control: Include when restrictions on ownership changes are necessary
5. International Payments: Include for cross-border financing arrangements
6. Shareholder Approval: Include when required by company's articles or shareholders' agreement
7. Subordination: Include when the financing needs to be subordinated to other debt
8. Exit Rights: Include when early repayment or company sale provisions are needed
1. Schedule 1 - Calculation of Revenue Share: Detailed methodology for calculating the revenue share, including specific inclusions and exclusions
2. Schedule 2 - Form of Revenue Report: Template for periodic revenue reporting and calculations
3. Schedule 3 - Business Plan: Company's business plan and financial projections
4. Schedule 4 - Existing Indebtedness: List of company's existing loans and financial obligations
5. Schedule 5 - Corporate Information: Key corporate documents and registrations
6. Schedule 6 - Payment Mechanics: Detailed payment procedures and bank account information
7. Schedule 7 - Initial Due Diligence List: List of documents reviewed as part of the financing approval
8. Appendix A - Compliance Certificate: Template for periodic compliance certification
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