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Finance Agreement
I need a Finance Agreement for a UAE-based manufacturing company borrowing AED 10 million from Emirates NBD, with the facility to be secured by company assets and personal guarantees from two shareholders, closing date expected March 15, 2025.
1. Parties: Identification of the finance provider and the borrower/obligor, including full legal names and address details
2. Background: Context of the financing arrangement, purpose of the facility, and any relevant preliminary agreements or conditions
3. Definitions: Comprehensive definitions of terms used throughout the agreement, including financial terms, calculation methods, and relevant dates
4. Facility: Details of the finance facility, including amount, purpose, and any tranches or sub-facilities
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown: Procedures and requirements for utilizing the facility, including notice requirements and drawdown mechanics
7. Interest and Profit: Interest or profit calculation and payment provisions, including default rates and payment dates
8. Repayment: Terms of repayment including scheduled payments, prepayment provisions, and final maturity
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Positive and negative undertakings of the borrower throughout the facility period
11. Events of Default: Circumstances constituting default and their consequences
12. Security: Details of any security arrangements and enforcement rights
13. Payments: Payment mechanics, currency provisions, and tax considerations
14. Changes to Parties: Transfer and assignment provisions
15. Notices: Communication requirements and contact details
16. Governing Law and Jurisdiction: Confirmation of UAE law governance and jurisdiction provisions
1. Islamic Finance Provisions: Required if the facility is Sharia-compliant, including specific Islamic structure (e.g., Murabaha, Ijara) terms
2. Security Agent Provisions: Required in syndicated facilities where security is held by an agent
3. Syndication Provisions: Required for facilities that may be syndicated, including mechanics for syndication and voting rights
4. Regulatory Compliance: Specific provisions required for regulated borrowers or specific industry sectors
5. Guarantee: Required if there are third-party guarantors supporting the facility
6. Intercreditor Provisions: Required if there are multiple creditors or facilities ranking differently
7. Property Provisions: Required if the facility is secured by real estate, including specific UAE property law requirements
8. Tax Gross-up: Required if cross-border elements exist requiring tax provisions
1. Facility Terms: Detailed financial terms, pricing, and payment dates
2. Conditions Precedent Documents: List of required documents and conditions to be satisfied
3. Form of Drawdown Request: Standard form for requesting utilization of the facility
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Security Documents: List and copies of all security documents
6. Financial Covenants: Detailed financial covenants and calculation methodologies
7. Form of Compliance Certificate: Template for periodic compliance certification
8. Permitted Security: List of security interests permitted to exist
9. Form of Transfer Certificate: Standard form for transferring interests in the facility
10. Contact Details: Detailed contact information for all parties and agents
Authors
Banking and Financial Services
Real Estate and Construction
Manufacturing and Industrial
Trading and Commercial
Healthcare
Education
Technology and Communications
Energy and Utilities
Retail and Consumer Goods
Hospitality and Tourism
Transport and Logistics
Professional Services
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Islamic Banking
Credit
Operations
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Risk Manager
Corporate Finance Manager
Financial Controller
Credit Manager
Business Development Manager
Relationship Manager
Islamic Finance Specialist
Transaction Manager
Senior Banker
Corporate Banking Head
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