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Collateral Agreement
"I need a Collateral Agreement under Saudi law to secure a 5-year term facility worth SAR 50 million, where the collateral consists of manufacturing equipment and inventory for our Riyadh factory, with the agreement to be effective from March 1, 2025."
1. Parties: Identification of the collateral provider, collateral taker, and any other relevant parties
2. Background: Context of the agreement, reference to main facility/financing agreement, and Shariah compliance declaration
3. Definitions: Key terms including types of collateral, secured obligations, and enforcement events
4. Creation of Security: Express provisions creating the security interest over the collateral
5. Secured Obligations: Definition and scope of the obligations being secured
6. Representations and Warranties: Statements regarding ownership, authority, and absence of encumbrances
7. Perfection Requirements: Steps required to perfect the security interest including registration requirements
8. Maintenance of Collateral: Obligations regarding preservation and maintenance of the collateral
9. Events of Default: Circumstances triggering enforcement rights
10. Enforcement: Rights and procedures for enforcing the security interest
11. Power of Attorney: Appointment of the secured party as attorney for enforcement purposes
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Specification of Saudi law and courts
1. Further Assurance: Additional actions parties may need to take to perfect or protect the security - used for complex collateral structures
2. Insurance: Insurance requirements for physical collateral - used when collateral includes tangible assets
3. Custody Arrangements: Provisions regarding custody of collateral - used for securities or documents of title
4. Income and Voting Rights: Rights regarding dividends or voting - used for share pledges
5. Currency Provisions: Currency conversion provisions - used when secured obligations are in different currencies
6. Release and Discharge: Detailed provisions for releasing security - used in complex financing structures
1. Schedule 1 - Description of Collateral: Detailed description and identification of all collateral assets
2. Schedule 2 - Form of Notice: Standard form notices for perfection requirements
3. Schedule 3 - Powers of Attorney: Form of power of attorney for enforcement
4. Schedule 4 - Registration Requirements: List of required registrations and filings
5. Appendix A - Shariah Compliance Certificate: Certificate from Shariah board or advisor confirming compliance
6. Appendix B - Form of Transfer Documents: Pre-agreed forms for transferring collateral upon enforcement
Authors
Banking & Financial Services
Real Estate
Manufacturing
Energy & Resources
Construction
Trading & Commerce
Technology
Healthcare
Transportation & Logistics
Agriculture
Legal
Finance
Treasury
Risk Management
Compliance
Shariah Advisory
Corporate Banking
Credit
Operations
Documentation
Legal Counsel
Finance Manager
Chief Financial Officer
Treasury Manager
Risk Manager
Compliance Officer
Shariah Compliance Officer
Security Agent
Relationship Manager
Credit Officer
Corporate Finance Manager
Investment Manager
Transaction Manager
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