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Debt Agreement Template for United Arab Emirates

A comprehensive legal document governed by UAE law that establishes and regulates a debt arrangement between parties, typically a lender and borrower. The agreement outlines the fundamental terms of the debt, including principal amount, repayment schedule, interest/profit rates (in compliance with UAE banking regulations and optional Sharia principles), security arrangements, and default provisions. It incorporates specific UAE legal requirements under Federal Law No. 5 of 1985 (Civil Code) and Federal Law No. 18 of 1993 (Commercial Transactions Law), ensuring enforceability within the UAE jurisdiction while potentially accommodating both conventional and Islamic finance structures.

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What is a Debt Agreement?

The Debt Agreement is a crucial legal instrument in the UAE's financial landscape, used to formalize lending arrangements between parties while ensuring compliance with UAE federal laws and regulations. It serves as the primary document for recording debt obligations, whether in conventional or Islamic finance structures, and is essential for both corporate and individual borrowing scenarios. The agreement must comply with UAE Civil Code, Commercial Transactions Law, and Central Bank regulations, with optional provisions for Sharia compliance. It typically includes detailed terms regarding the debt amount, repayment schedule, security arrangements, events of default, and remedies available to the lender. This document is particularly relevant in the UAE's dynamic business environment, where debt financing plays a vital role in commercial growth and development.

What sections should be included in a Debt Agreement?

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the debt arrangement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specific amount of debt and its intended use

5. Repayment Terms: Payment schedule, method, and currency of repayment

6. Interest/Profit Rate: Calculation method and rate of interest or profit (ensuring Sharia compliance if required)

7. Security: Details of any collateral or guarantees securing the debt

8. Representations and Warranties: Statements of fact by the borrower regarding their financial status and ability to repay

9. Events of Default: Circumstances constituting default and consequences

10. Remedies: Rights and actions available to the lender in case of default

11. Governing Law and Jurisdiction: Specification of UAE law application and courts' jurisdiction

12. Notices: Communication methods and addresses for formal notices

13. Execution: Signature blocks and execution requirements

What sections are optional to include in a Debt Agreement?

1. Early Repayment Provisions: Terms for early repayment of the debt, including any penalties or benefits

2. Islamic Finance Compliance: Specific provisions ensuring Sharia compliance, required for Islamic financing structures

3. Assignment and Transfer: Rights to assign or transfer the debt, if permitted

4. Additional Security: Provisions for additional collateral if required during the term

5. Insurance Requirements: Obligations to maintain insurance on any secured assets

6. Financial Covenants: Ongoing financial obligations and reporting requirements

7. Force Majeure: Provisions for unforeseen circumstances affecting repayment ability

8. Guarantor Provisions: Terms applicable when a guarantor is involved in the arrangement

What schedules should be included in a Debt Agreement?

1. Schedule 1 - Payment Schedule: Detailed repayment schedule with dates and amounts

2. Schedule 2 - Security Details: Comprehensive description of all security/collateral

3. Schedule 3 - Condition Precedents: List of conditions to be met before the debt becomes effective

4. Schedule 4 - Form of Notices: Templates for various notices under the agreement

5. Appendix A - Security Documents: Copies or forms of security documentation

6. Appendix B - Calculation Methods: Detailed explanation of interest/profit calculations

7. Appendix C - Compliance Certificates: Forms for periodic compliance certification

Authors

Alex Denne

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

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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