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Forward Funding Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Forward Funding Agreement

"I need a Forward Funding Agreement for a AED 500 million commercial development project in Dubai Healthcare City, with quarterly drawdown provisions and specific requirements for medical facility compliance, targeting completion by March 2025."

Document background
Forward Funding Agreements are essential instruments in UAE real estate development, particularly for large-scale commercial and residential projects where developers seek upfront funding. These agreements are commonly used when a developer has identified a development opportunity but requires substantial funding to execute the project. The Forward Funding Agreement establishes the entire framework for the development funding, including land acquisition, construction costs, and development obligations, while ensuring compliance with UAE federal laws and emirate-specific regulations. The document addresses key aspects such as payment mechanisms, construction monitoring, risk allocation, and completion requirements, making it particularly relevant for projects requiring significant capital investment and long-term development timelines.
Suggested Sections

1. Parties: Identification of the Funder and Developer/Seller, including full legal names and registration details

2. Background: Context of the development project, property details, and purpose of the agreement

3. Definitions and Interpretation: Detailed definitions of key terms and interpretation rules

4. Conditions Precedent: Prerequisites to be satisfied before the agreement becomes fully effective

5. Property Acquisition: Terms for the acquisition of the development site

6. Development Obligations: Developer's obligations regarding construction, timing, and quality standards

7. Funding Obligations: Funder's commitments, including payment schedule and funding conditions

8. Payment Mechanics: Detailed procedures for drawdown requests, payments, and funding transfers

9. Construction Monitoring: Rights of the funder to monitor construction progress and quality

10. Variations and Changes: Procedures for handling changes to development specifications or costs

11. Insurance Requirements: Required insurance coverage and related obligations

12. Default and Remedies: Events of default and corresponding remedies

13. Completion Requirements: Conditions and procedures for practical and legal completion

14. Representations and Warranties: Standard and specific warranties from both parties

15. Boilerplate Provisions: Standard legal provisions including notices, governing law, etc.

Optional Sections

1. Pre-letting Requirements: Used when the development requires minimum pre-letting before completion

2. Environmental Provisions: Required for developments with significant environmental considerations

3. Public Authority Requirements: Needed when development requires specific government approvals

4. Social Impact Obligations: For projects requiring community benefits or social housing

5. Islamic Finance Provisions: Required when using Sharia-compliant funding structures

6. Joint Venture Provisions: When the developer is a joint venture entity

7. Step-in Rights: Required for high-value developments where funder may need to take control

8. Foreign Investment Provisions: Required when involving foreign investors or developers

Suggested Schedules

1. Property Description: Detailed legal and technical description of the development site

2. Development Specification: Detailed construction and development specifications

3. Project Program: Construction timeline and key milestone dates

4. Cost Schedule: Breakdown of development costs and funding requirements

5. Form of Drawdown Notice: Template for funding drawdown requests

6. Professional Team: Details of architects, contractors, and other key professionals

7. Form of Collateral Warranties: Standard forms for contractor and consultant warranties

8. Testing and Commissioning Requirements: Detailed completion testing requirements

9. Payment Schedule: Detailed breakdown of payment tranches and triggers

10. Form of Progress Reports: Template for construction progress reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Real Estate

Construction

Property Development

Commercial Property

Residential Property

Infrastructure

Retail Development

Industrial Development

Hospitality

Mixed-use Development

Banking and Finance

Investment

Relevant Teams

Legal

Real Estate

Development

Finance

Investment

Construction

Compliance

Risk Management

Project Management

Asset Management

Relevant Roles

Real Estate Director

Development Manager

Finance Director

Legal Counsel

Project Manager

Investment Manager

Construction Manager

Chief Financial Officer

Property Director

Compliance Officer

Risk Manager

Development Director

Fund Manager

Asset Manager

Commercial Director

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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