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Trade Finance Facility Agreement
"I need a Trade Finance Facility Agreement under UAE law for a conventional trade finance facility of AED 50 million to be provided by Emirates NBD to our manufacturing company, with both letter of credit and guarantee facilities, to be completed by March 2025."
1. Parties: Identification of the finance provider(s) and the customer(s), including registration details as required by UAE law
2. Background: Context of the facility and brief description of the trade finance requirements
3. Definitions and Interpretation: Comprehensive definitions of terms used, including specific trade finance and banking terms
4. The Facility: Details of the trade finance facility, including type, amount, purpose, and availability period
5. Conditions Precedent: Documents and conditions required before facility utilization, including UAE-specific requirements
6. Utilization: Procedures and requirements for drawing down the facility, including form requirements
7. Repayment and Prepayment: Terms for repayment of utilized amounts and any early repayment provisions
8. Interest and Fees: Pricing terms, including interest rates, commission, and fees
9. Tax and Regulatory Provisions: Tax obligations and regulatory compliance requirements under UAE law
10. Representations and Warranties: Standard and UAE-specific representations and warranties
11. Undertakings: General, financial, and trade-specific covenants
12. Events of Default: Default triggers and consequences
13. Changes to Parties: Transfer and assignment provisions
14. Administration: Operational aspects including payments, calculations, and notices
15. Governing Law and Enforcement: UAE law as governing law and enforcement provisions
1. Islamic Finance Provisions: Required if the facility needs to be Sharia-compliant, including specific Islamic structure and compliance requirements
2. Security: Include if the facility is secured, detailing the security structure and enforcement rights
3. Syndication Provisions: Required for syndicated facilities, including agency and intercreditor terms
4. Counter-Indemnity: Include for guarantee or standby letter of credit facilities
5. Currency Provisions: Required if facility involves multiple currencies
6. Insurance: Detailed insurance requirements for trade goods if applicable
7. Regulatory Compliance: Additional regulatory provisions if dealing with regulated industries or specific free zones
1. Form of Utilization Request: Standard form for requesting utilization of the facility
2. Conditions Precedent Documents: List of required documents and conditions
3. Pricing Schedule: Detailed breakdown of all applicable fees and charges
4. Form of Transfer Certificate: Standard form for transfers of participation
5. Permitted Trade Transactions: List of approved types of trade transactions under the facility
6. Security Documents: Forms of security documents if applicable
7. Calculation of Early Payment Amounts: Formula and examples for calculating prepayment amounts
8. Form of Compliance Certificate: Standard form for periodic compliance certification
9. Contact Details: Administrative and notice details for all parties
Authors
Account Bank
Affiliate
Applicable Margin
Applicable Rate
Authorisation
Available Commitment
Available Facility
Banking Day
Base Currency
Bill of Exchange
Bill of Lading
Break Costs
Business Day
Central Bank
Commitment
Compliance Certificate
Confidential Information
Default
Default Rate
DIFC
Disruption Event
Documentary Credit
Event of Default
Facility
Facility Documents
Facility Limit
Facility Period
Finance Documents
Financial Indebtedness
Financial Statements
Free Zone
Group
Guarantee
Holding Company
IFRS
Increased Costs
Interest Period
Invoice
Islamic Finance Documents
Letter of Credit
Material Adverse Effect
Murabaha
Notice of Drawing
Obligor
Optional Currency
Original Financial Statements
Participation
Party
Permitted Trade Transaction
Potential Event of Default
Pricing Schedule
Prohibited Person
Qualifying Bank
Quotation Day
Reference Banks
Repeating Representations
Representatives
Security
Security Agent
Security Documents
Security Interest
Security Period
Subsidiary
Substantial Part
Tax
Trade Date
Trade Documents
Trade Finance Instruments
Transaction Documents
Transfer Certificate
Transfer Date
UAE
UAE Dirham
Unpaid Sum
Utilisation
Utilisation Date
Utilisation Request
VAT
Facility Terms
Purpose
Conditions Precedent
Utilization
Islamic Finance Compliance
Trade Finance Instruments
Payment Provisions
Interest and Fees
Tax Gross-up and Indemnities
Increased Costs
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Trade-Related Undertakings
Anti-Money Laundering
Sanctions Compliance
Events of Default
Security
Set-off
Payment Mechanics
Currency Provisions
Changes to Calculation of Interest
Changes to the Parties
Confidentiality
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Counterparts
Governing Law
Enforcement
Jurisdiction
Banking and Financial Services
International Trade
Manufacturing
Wholesale and Distribution
Retail
Commodities Trading
Logistics and Supply Chain
Import/Export
Free Zone Operations
Maritime and Shipping
Energy and Resources
Agricultural Trade
Legal
Finance
Treasury
Trade Operations
Risk Management
Compliance
Credit
Commercial Operations
Islamic Banking
Documentation
Chief Financial Officer
Treasury Manager
Trade Finance Manager
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Commercial Director
Banking Relationship Manager
Credit Manager
Trade Operations Manager
Supply Chain Manager
Islamic Finance Specialist
Documentation Officer
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