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Term Loan Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Term Loan Agreement

"I need a Term Loan Agreement under Saudi Arabian law for a SAR 50 million facility to a real estate development company, with security over the developed property and personal guarantees from the shareholders, to be completed by March 2025."

Document background
The Term Loan Agreement is a fundamental financing document used in Saudi Arabia when a borrower requires medium to long-term financing for specific business purposes. It must be structured to comply with both Saudi Arabian law and Shariah principles, which prohibit the charging of interest (riba) and require specific Islamic financing structures. The agreement details the facility amount, profit rate, repayment terms, conditions precedent, representations, warranties, and covenants. It's particularly important that the document adheres to Saudi Central Bank (SAMA) regulations and includes appropriate Islamic financing mechanisms. The agreement typically includes provisions for security, events of default, and enforcement mechanisms that are compatible with Saudi Arabian law and court procedures. This document is essential for any significant corporate financing in Saudi Arabia and must be carefully drafted to ensure it is both Shariah-compliant and commercially effective.
Suggested Sections

1. Parties: Identification of the lender(s) and borrower(s), including their full legal names and registration details

2. Background: Context of the financing arrangement and confirmation of Shariah compliance

3. Definitions and Interpretation: Definitions of key terms and interpretation principles used throughout the agreement

4. The Facility: Details of the loan facility, including amount, purpose, and Islamic structure

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Utilization: Process and requirements for drawing down the loan

7. Repayment: Terms and schedule for repayment of the facility

8. Profit Rate and Fees: Shariah-compliant profit rate structure and associated fees

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Information Undertakings: Borrower's obligations to provide financial and other information

11. General Undertakings: Borrower's general obligations and restrictions during the loan term

12. Events of Default: Circumstances that constitute default and their consequences

13. Changes to Parties: Rules regarding assignment and transfer of rights and obligations

14. Payment Mechanics: Technical provisions regarding payments and calculations

15. Notices: Communication procedures between parties

16. Governing Law and Jurisdiction: Saudi Arabian law as governing law and jurisdiction provisions

Optional Sections

1. Security: Required when the loan is secured, detailing the security package and enforcement rights

2. Guarantee: Required when there are third-party guarantors for the loan

3. Syndication Provisions: Required for syndicated facilities with multiple lenders

4. Islamic Structure Specifics: Detailed provisions for specific Islamic structures (e.g., Murabaha, Ijara) if used

5. Tax Provisions: Detailed tax provisions if cross-border elements exist

6. Regulatory Compliance: Special provisions required by SAMA or other regulators for specific types of borrowers

7. Account Controls: Required when specific account management or cash control provisions apply

8. Intercreditor Provisions: Required when there are multiple creditors with different rankings

Suggested Schedules

1. Form of Utilization Request: Standard form for requesting drawdown of the facility

2. Conditions Precedent Documents: List of required documents and conditions to be satisfied

3. Repayment Schedule: Detailed schedule of repayment dates and amounts

4. Form of Compliance Certificate: Template for periodic compliance certification

5. Security Documents: Forms of security documentation and perfection requirements

6. Profit Rate Calculation: Detailed methodology for calculating Shariah-compliant profit

7. Fee Schedule: Breakdown of all applicable fees and charges

8. Form of Transfer Certificate: Template for transferring loan participations

9. Financial Covenants: Detailed financial covenants and calculation methodologies

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 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

Banking and Financial Services

Real Estate and Construction

Manufacturing and Industrial

Healthcare

Technology and Telecommunications

Energy and Utilities

Retail and Consumer Goods

Transportation and Logistics

Agriculture and Food Production

Education

Hospitality and Tourism

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Islamic Banking

Credit

Corporate Finance

Company Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Risk Manager

Islamic Finance Specialist

Banking Relationship Manager

Credit Officer

Corporate Banking Officer

Financial Controller

Company Secretary

Business Development Director

Chief Executive 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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