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Forward Funding Agreement
"I need a Forward Funding Agreement for a retail mall development in Riyadh, with a Sharia-compliant funding structure of SAR 500 million to be drawn down in stages, with completion scheduled for March 2025."
1. Parties: Identification of the Funder and Developer/Owner, including full legal names and registration details
2. Background: Context of the transaction, including description of the development project and funding arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Sharia Compliance: Declarations and structuring provisions to ensure compliance with Islamic finance principles
5. Conditions Precedent: Prerequisites that must be satisfied before funding obligations commence
6. Funding Obligations: Details of funding amounts, timing, and mechanics of payments
7. Development Obligations: Developer's obligations regarding construction, timing, and quality standards
8. Payment Mechanics: Procedures for drawdown requests, payments, and funding milestones
9. Construction Monitoring: Rights and procedures for monitoring construction progress
10. Representations and Warranties: Standard and transaction-specific representations by both parties
11. Developer Covenants: Ongoing obligations of the Developer throughout the project
12. Funder Covenants: Ongoing obligations of the Funder throughout the project
13. Risk Allocation: Distribution of risks between parties including construction, market, and regulatory risks
14. Insurance: Required insurance coverage and related obligations
15. Events of Default: Circumstances constituting default and consequences
16. Termination: Termination events and procedures
17. Governing Law and Dispute Resolution: Saudi law as governing law and dispute resolution mechanisms
1. Security Package: Required when additional security is provided, detailing guarantees, charges, or other security interests
2. Step-In Rights: Included when Funder requires rights to take over project development in case of Developer default
3. Pre-letting Provisions: Relevant when the project includes pre-letting requirements or targets
4. Cost Overrun Provisions: Detailed provisions for handling cost overruns, included when specific mechanisms are required
5. Environmental Compliance: Required for projects with significant environmental impact or requirements
6. Value Engineering: Included when parties want specific provisions for cost optimization during construction
7. Foreign Investment Provisions: Required when any party is a foreign investor, addressing specific regulatory requirements
1. Property Description: Detailed legal and technical description of the development site
2. Development Program: Detailed construction timeline, milestones, and specifications
3. Funding Schedule: Detailed breakdown of funding amounts and timing
4. Form of Drawdown Notice: Template for Developer to request funding drawdowns
5. Construction Specifications: Detailed technical specifications for the development
6. Form of Architect's Certificate: Template for construction progress certification
7. Required Insurances: Detailed list of required insurance coverage
8. Form of Security Documents: Templates for any required security documentation
9. Professional Team: Details of key contractors, consultants, and professional advisers
10. Planning Permissions: Copies or details of required governmental approvals and permits
Authors
Real Estate
Construction
Banking & Finance
Islamic Finance
Commercial Property Development
Infrastructure
Retail Development
Industrial Development
Hospitality
Mixed-use Development
Legal
Finance
Real Estate
Development
Construction
Risk Management
Compliance
Investment
Commercial
Project Management
Chief Financial Officer
Real Estate Director
Development Director
Project Manager
Construction Manager
Legal Counsel
Sharia Compliance Officer
Investment Manager
Fund Manager
Risk Manager
Commercial Director
Finance Manager
Development Manager
Property Director
Transaction Manager
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