Collateral Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

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."

Document background
The Collateral Agreement is a crucial security document used in Saudi Arabian financing transactions where a party seeks to create a security interest over specific assets to secure financial obligations. It must be structured to comply with both Shariah principles and Saudi Arabian commercial laws, particularly the Commercial Pledge Law and SAMA regulations. The document is typically used in conjunction with various financing arrangements, from simple bilateral loans to complex syndicated facilities. It contains detailed provisions for the creation, perfection, and enforcement of security interests, along with necessary Shariah compliance declarations and Saudi-specific registration requirements. This document is essential for any secured financing transaction in Saudi Arabia and must carefully balance conventional security concepts with Islamic finance principles.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Energy & Resources

Construction

Trading & Commerce

Technology

Healthcare

Transportation & Logistics

Agriculture

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Shariah Advisory

Corporate Banking

Credit

Operations

Documentation

Relevant Roles

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

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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