The Financial Assistance Agreement is a crucial document used in Pakistan's financial sector when one party provides financial support to another under specific terms and conditions. It is commonly used by banks, financial institutions, and development organizations when extending loans, grants, or other forms of financial assistance to businesses, organizations, or individuals. The agreement must comply with Pakistani banking laws, including the Banking Companies Ordinance 1962 and State Bank of Pakistan regulations, while incorporating necessary provisions for security, disbursement, and repayment. This document is essential for both domestic and international financial transactions within Pakistan's jurisdiction, requiring careful consideration of local legal requirements, banking regulations, and financial compliance standards. The agreement typically includes detailed schedules for disbursement and repayment, along with specific conditions precedent to funding.
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1. Parties: Identification of the financial institution/lender and the recipient/borrower with their full legal names and details
2. Background: Context of the financial assistance, purpose, and brief description of the arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Amount and Purpose: Specific details of the financial assistance amount and its intended use
5. Disbursement Terms: Conditions precedent to disbursement and the disbursement mechanism
6. Repayment Terms: Schedule of repayment, interest rates, and payment mechanisms
7. Representations and Warranties: Standard and specific representations made by the recipient regarding their legal and financial status
8. Covenants: Positive and negative obligations of the recipient during the term of the agreement
9. Events of Default: Circumstances constituting default and consequences thereof
10. Remedies: Rights and remedies available to the lender in case of default
11. Compliance Requirements: Obligations to comply with relevant Pakistani laws and regulations
12. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes
1. Security: Include when the financial assistance is secured by collateral or guarantees
2. Foreign Exchange Provisions: Required when the financial assistance involves foreign currency
3. Insurance: Include when specific insurance requirements are imposed on the recipient
4. Special Conditions: Add when there are project-specific or recipient-specific conditions
5. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
6. Force Majeure: Optional clause for unforeseeable circumstances preventing performance
7. Monitoring and Reporting: Include for larger facilities requiring regular financial reporting
1. Schedule 1 - Disbursement Schedule: Detailed timeline and conditions for disbursement of funds
2. Schedule 2 - Repayment Schedule: Detailed schedule of repayment installments and dates
3. Schedule 3 - Form of Disbursement Request: Standard form for requesting disbursements
4. Schedule 4 - Conditions Precedent Documents: List of required documents prior to disbursement
5. Schedule 5 - Security Details: Details of any security or collateral (if applicable)
6. Schedule 6 - Compliance Certificates: Standard forms for periodic compliance certification
7. Appendix A - Required Authorizations: List of necessary regulatory and corporate authorizations
8. Appendix B - Reporting Requirements: Templates and timing for required financial reports
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