The Loan License Agreement is a specialized legal instrument used in Pakistan when a party requires both financial assistance and specific usage rights or licenses from the same entity. This hybrid agreement type is particularly common in technology implementations, manufacturing arrangements, and industrial development projects where capital investment and intellectual property rights are interconnected. The document must comply with multiple Pakistani legal frameworks, including the Contract Act 1872, Banking Companies Ordinance 1962, and relevant intellectual property laws. It typically includes detailed provisions for loan terms, interest rates (or Islamic banking alternatives), repayment schedules, scope of licensed rights, usage restrictions, quality control measures, and security arrangements. The agreement is especially relevant when companies are expanding operations, implementing new technologies, or establishing manufacturing facilities requiring both funding and technical licenses.
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1. Parties: Identification of the parties entering into the agreement, including their legal status and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the loan license arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Terms: Details of the loan amount, interest rate, repayment schedule, and payment methods
5. Grant of License: Scope and nature of the license being granted, including territory and duration
6. Licensed Rights: Specific rights being licensed and any restrictions on their use
7. Payment Terms: License fees, royalties, and other financial obligations related to the license
8. Security: Details of any security or collateral provided for the loan
9. Representations and Warranties: Statements and guarantees made by each party
10. Covenants: Ongoing obligations and commitments of the parties
11. Default and Remedies: Events of default and available remedies for both loan and license aspects
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Confidentiality: Protection of confidential information exchanged under the agreement
14. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes
15. Notices: Method and addresses for serving notices under the agreement
1. Shariah Compliance: Section declaring compliance with Islamic banking principles, required if the agreement needs to be Shariah-compliant
2. Quality Control: Standards and requirements for quality control of licensed products or services, needed if the license involves manufacturing or service delivery
3. Training and Support: Terms regarding technical support and training, relevant if the license involves complex technology or processes
4. Export Controls: Compliance with export regulations, needed if the licensed rights involve cross-border activities
5. Insurance: Insurance requirements for either party, particularly relevant if physical assets are involved
6. Force Majeure: Provisions for unforeseen circumstances preventing performance
7. Assignment and Sub-licensing: Rights and restrictions regarding transfer of rights or sub-licensing
8. Dispute Resolution: Alternative dispute resolution mechanisms like arbitration or mediation
1. Schedule 1 - Licensed Rights: Detailed description of the intellectual property or rights being licensed
2. Schedule 2 - Loan Repayment Schedule: Detailed payment schedule including dates, amounts, and interest calculations
3. Schedule 3 - Security Details: Comprehensive description of security or collateral provided
4. Schedule 4 - Technical Specifications: Technical details and specifications related to the licensed rights
5. Schedule 5 - Quality Standards: Specific quality control requirements and standards
6. Schedule 6 - Fee Schedule: Detailed breakdown of all fees, royalties, and other payments
7. Appendix A - Required Approvals: List of regulatory approvals and licenses required
8. Appendix B - Form of Reports: Templates for required reports and notifications
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