The Corporate Guarantee For Bank Loan is a fundamental security document in Pakistani corporate finance transactions, commonly used when a strong corporate entity provides financial backing for a borrower's loan obligations. This document becomes necessary when a bank requires additional security beyond the borrower's own assets or creditworthiness, typically in situations involving group companies, subsidiaries, or strategic business partners. The guarantee must comply with Pakistani banking regulations, corporate laws, and financial sector requirements, including those set by the State Bank of Pakistan. It requires proper corporate authorizations and must be properly stamped and registered as per local law. The document details the extent of the guarantee, enforcement mechanisms, and the guarantor's obligations, while also addressing issues such as corporate authority, governing law, and dispute resolution within the Pakistani legal framework.
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1. Parties: Identification of the Guarantor (corporate entity), the Bank (beneficiary), and the Borrower (principal debtor)
2. Background: Context of the guarantee, including details of the underlying loan facility and the relationship between the Guarantor and the Borrower
3. Definitions: Definitions of key terms used in the guarantee, including 'Guaranteed Obligations', 'Security', 'Event of Default', etc.
4. Guarantee and Indemnity: Core provisions detailing the guarantee obligations, including the amount, scope, and nature of the guarantee
5. Representations and Warranties: Corporate Guarantor's confirmations regarding its capacity, authority, and financial condition
6. Payment Mechanics: Procedures and conditions for making payments under the guarantee, including timing and currency
7. Continuing Security: Provisions establishing the guarantee as a continuing security until full discharge of the guaranteed obligations
8. Corporate Authorizations: Confirmation of necessary corporate approvals and compliance with constitutional documents
9. Enforcement: Bank's rights and procedures for enforcing the guarantee upon default
10. Costs and Expenses: Allocation of costs related to preparation, stamping, and enforcement of the guarantee
1. Security Interest: Additional security provisions if the guarantee is secured by specific assets of the Guarantor
2. Subordination: Required when there are multiple guarantees or security interests that need to be ranked
3. Tax Gross-up: Provisions for tax deductions and gross-up obligations, if applicable
4. Currency Indemnity: Required for cross-border transactions involving multiple currencies
5. Group Company Provisions: Additional provisions when the Guarantor is part of a corporate group
6. Change of Control: Provisions addressing consequences of change in ownership of the Guarantor
1. Form of Demand: Standard format for making demands under the guarantee
2. Details of Facility Agreement: Summary of key terms of the underlying loan facility being guaranteed
3. Corporate Authorizations: Copies of board resolutions, shareholder approvals, and other corporate authorizations
4. Conditions Precedent: List of documents and conditions required before the guarantee becomes effective
5. Guarantee Limit Calculation: Formula and methodology for calculating the guarantee amount, if variable
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