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Discharge Deed
"I need a Discharge Deed under Nigerian law to release ABC Manufacturing Ltd from a secured loan facility of 50 million Naira provided by First Nigerian Bank, which has been fully repaid as of January 15, 2025; the deed should include release of floating charges over company assets."
1. Parties: Identification of all parties to the deed, including the creditor(s), debtor(s), and any guarantors
2. Background: Recitals explaining the original debt/obligation, any security arrangements, and the circumstances leading to the discharge
3. Definitions: Definitions of key terms used throughout the deed
4. Acknowledgment of Debt Settlement: Confirmation of the satisfaction of the original debt or obligation
5. Discharge: The formal discharge of the debt/obligation and release of any associated security
6. Release of Securities: Specific provisions regarding the release of any security interests, charges, or other encumbrances
7. Return of Documents: Provisions for the return or cancellation of original security documents
8. Representations and Warranties: Statements confirming the parties' authority and capacity to enter into the deed
9. Governing Law: Specification that Nigerian law governs the deed
10. Execution: Formal execution blocks meeting Nigerian deed requirements
1. Partial Discharge: Used when only part of a debt or obligation is being discharged
2. Conditions Precedent: Include when the discharge is subject to certain conditions being met
3. Surviving Obligations: Used when certain obligations or provisions from the original agreement survive the discharge
4. Third Party Rights: Include when third parties' rights need to be addressed or preserved
5. Costs and Expenses: Include when there are specific arrangements regarding discharge-related costs
6. Confidentiality: Used when parties wish to keep the terms of the discharge confidential
7. Further Assurance: Include when additional actions may be required to give full effect to the discharge
1. Schedule 1 - Original Agreement Details: Details of the original agreement(s) being discharged
2. Schedule 2 - Security Documents: List of all security documents to be released or cancelled
3. Schedule 3 - Payment Confirmation: Details of settlement payments made (if applicable)
4. Schedule 4 - Property Details: Description of any property over which security is being released
5. Appendix A - Form of Release: Standard form for releasing specific securities or registrations
6. Appendix B - Required Notices: Templates for any notices required to effect the discharge
Authors
Banking & Finance
Real Estate
Construction
Manufacturing
Oil & Gas
Telecommunications
Agriculture
Mining
Retail
Infrastructure Development
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Secretariat
Loan Administration
Security Administration
Property Management
Corporate Banking
Legal Counsel
Chief Financial Officer
Finance Manager
Credit Manager
Risk Officer
Company Secretary
Compliance Officer
Treasury Manager
Loan Officer
Security Trustee
Corporate Banking Manager
Property Manager
Contract Administrator
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