Debtor In Possession Loan Agreement for United Arab Emirates

Debtor In Possession Loan Agreement Template for United Arab Emirates

This document governs the provision of post-petition financing to a company undergoing bankruptcy proceedings in the United Arab Emirates, structured under Federal Law No. 9 of 2016 (UAE Bankruptcy Law). The agreement details the terms and conditions of the loan facility, including the super-priority status of the debt, specific covenants tailored to bankruptcy proceedings, milestone requirements, and comprehensive reporting obligations. It incorporates UAE-specific requirements for secured lending and bankruptcy court approvals, while establishing the framework for monitoring the borrower's restructuring progress and protecting the lender's interests.

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What is a Debtor In Possession Loan Agreement?

The Debtor In Possession Loan Agreement is a specialized financing document used when a company in UAE bankruptcy proceedings requires additional funding to continue operations during its restructuring. This document becomes relevant when a company has filed for bankruptcy protection under UAE Federal Law No. 9 of 2016 and needs to secure new financing with super-priority status. The agreement must comply with UAE bankruptcy court requirements and includes detailed provisions for loan terms, security arrangements, monitoring mechanisms, and milestone requirements for the restructuring process. It typically requires court approval and contains specific provisions addressing the unique risks and requirements of lending to a company in bankruptcy proceedings.

What sections should be included in a Debtor In Possession Loan Agreement?

1. Parties: Identifies the DIP lender(s), the debtor-in-possession, and any guarantors

2. Background: Details of the bankruptcy proceedings, court orders authorizing the DIP facility, and purpose of the loan

3. Definitions: Comprehensive definitions including bankruptcy-specific terms and financial metrics

4. Facility Amount and Purpose: Details of the loan amount, availability periods, and permitted uses of proceeds

5. Interest and Fees: Interest rates, calculation methods, default interest, and all applicable fees

6. Repayment Terms: Payment schedule, prepayment provisions, and mandatory prepayment events

7. Priority and Security: Super-priority status, security package, and rankings

8. Conditions Precedent: Requirements for initial and subsequent drawdowns, including court approvals

9. Representations and Warranties: Standard and bankruptcy-specific representations

10. Covenants: Financial and operational covenants, including bankruptcy case milestones

11. Events of Default: Default triggers including bankruptcy-specific events

12. Remedies: Lender's rights upon default, subject to bankruptcy court approval

13. Miscellaneous: Standard boilerplate provisions including governing law and jurisdiction

What sections are optional to include in a Debtor In Possession Loan Agreement?

1. Carve-out Provisions: Used when specific claims or expenses are carved out from the DIP lender's priority

2. Roll-up Provisions: Include when pre-petition debt is being rolled into the DIP facility

3. Exit Financing: Terms for converting DIP loan to exit financing upon emergence from bankruptcy

4. Interim Facility: When the facility is split between interim and final availability periods

5. Inter-creditor Provisions: Required when multiple classes of DIP lenders or existing creditors need to establish priorities

6. Asset Sale Provisions: Detailed provisions for handling proceeds from asset sales during bankruptcy

7. Adequate Protection: Specific provisions for adequate protection of pre-petition secured creditors

What schedules should be included in a Debtor In Possession Loan Agreement?

1. Budget: Detailed operating budget and cash flow projections

2. Milestone Schedule: Key dates and requirements for bankruptcy case progression

3. Existing Liens: Schedule of pre-petition liens and encumbrances

4. Permitted Liens: List of liens permitted to exist or be created post-petition

5. Required Consents: List of required third-party and governmental consents

6. Court Orders: Copies of relevant bankruptcy court orders

7. Security Documents: Forms of security documents and perfection requirements

8. Draw Request Form: Form for requesting loan advances

9. Compliance Certificate: Form for periodic compliance reporting

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 | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Retail

Healthcare

Construction

Hospitality

Energy

Technology

Transportation and Logistics

Mining and Resources

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Finance

Restructuring

Banking

Investment

Operations

Risk Management

Portfolio Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Bankruptcy Administrator

Restructuring Officer

Credit Risk Manager

Compliance Officer

Corporate Finance Manager

Investment Manager

Relationship Manager

Transaction Manager

Security Trustee

Portfolio Manager

Risk Officer

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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