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Deed Of Trust Loan Agreement
"I need a Deed of Trust Loan Agreement for a UAE real estate development project where a syndicate of banks will lend AED 500 million through a trust structure, with the facility to be drawn down in March 2025 and the trust holding various real estate assets as security."
1. Parties: Identification of all parties: Lender, Borrower, Trustee, and any Security Agents
2. Background: Context of the agreement, relationship between parties, and purpose of the trust loan arrangement
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Trust Declaration: Formal declaration of trust, defining the trust property and purpose
5. Appointment of Trustee: Terms of trustee appointment, powers, duties, and responsibilities
6. Loan Terms: Principal amount, interest rate, repayment terms, and payment mechanics
7. Security Structure: Details of security arrangements, collateral, and enforcement rights
8. Representations and Warranties: Standard and specific representations by all parties
9. Covenants: Positive and negative obligations of the borrower and trustee
10. Events of Default: Circumstances constituting default and consequences
11. Remedies and Enforcement: Rights and procedures for enforcement upon default
12. Trust Administration: Procedures for trust management, reporting, and accounting
13. Termination: Conditions and process for terminating the trust arrangement
14. Governing Law and Jurisdiction: Confirmation of UAE law governance and jurisdiction details
1. Shariah Compliance: Required if the arrangement needs to comply with Islamic finance principles
2. Security Agent Provisions: Required if a security agent is appointed to hold/manage security
3. Tax Provisions: Detailed tax arrangements if cross-border elements exist
4. Currency Provisions: Required if multiple currencies are involved
5. Additional Guarantees: Required if third-party guarantees are part of the arrangement
6. Priority and Subordination: Required if there are multiple creditors or ranking of security
7. Special Purpose Vehicle Provisions: Required if an SPV is used in the structure
1. Schedule 1 - Trust Property Details: Detailed description of assets held in trust
2. Schedule 2 - Repayment Schedule: Detailed payment dates, amounts, and calculations
3. Schedule 3 - Security Details: Comprehensive list and description of security assets
4. Schedule 4 - Forms of Notice: Standard forms for various notices under the agreement
5. Schedule 5 - Conditions Precedent: List of required documents and conditions before drawdown
6. Schedule 6 - Fee Schedule: Details of all applicable fees and charges
7. Appendix A - Power of Attorney: Form of power of attorney if required
8. Appendix B - Compliance Certificates: Forms of compliance certificates to be provided
9. Appendix C - Transfer Certificates: Forms for transfer of rights/obligations if permitted
Authors
Banking & Finance
Real Estate
Islamic Banking
Corporate Finance
Investment Management
Asset Management
Construction & Development
Infrastructure
Commercial Property
Private Equity
Legal
Finance
Compliance
Risk Management
Corporate Affairs
Treasury
Investment
Real Estate
Islamic Banking
Trust Administration
Corporate Secretariat
Business Development
Credit Administration
Legal Counsel
Finance Director
Chief Financial Officer
Corporate Lawyer
Trust Manager
Compliance Officer
Risk Manager
Banking Relations Manager
Investment Manager
Real Estate Manager
Contract Administrator
Islamic Finance Specialist
Treasury Manager
Security Trustee Officer
Corporate Secretary
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