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Deed Of Trust Loan Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

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."

Document background
The Deed of Trust Loan Agreement is a sophisticated financial instrument used in the UAE when parties wish to establish a secure lending arrangement through a trust structure. This document type is particularly relevant when there's a need to separate legal and beneficial ownership of assets while securing a loan facility. The agreement combines elements of conventional lending with trust law principles, all within the framework of UAE legislation. It's commonly used in real estate financing, large-scale project finance, and corporate lending where additional security structures are required. The document must comply with UAE Federal Law No. 5 of 1985 (Civil Code) and other relevant banking and financial regulations. When drafting a Deed of Trust Loan Agreement, special attention must be paid to UAE Central Bank regulations, property laws, and where applicable, Islamic finance principles to ensure enforceability and compliance.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















































Clauses




































Relevant Industries

Banking & Finance

Real Estate

Islamic Banking

Corporate Finance

Investment Management

Asset Management

Construction & Development

Infrastructure

Commercial Property

Private Equity

Relevant Teams

Legal

Finance

Compliance

Risk Management

Corporate Affairs

Treasury

Investment

Real Estate

Islamic Banking

Trust Administration

Corporate Secretariat

Business Development

Credit Administration

Relevant Roles

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

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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