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Collateral Sharing Agreement
"I need a Collateral Sharing Agreement under Saudi law for a syndicated financing arrangement involving three conventional banks and two Islamic finance providers, where the security will be shared across multiple real estate assets in Riyadh, with closing expected by March 2025."
1. Parties: Identification of all parties to the agreement including secured creditors, security agent, and obligors
2. Background: Context of the transaction, existing facilities, and purpose of the collateral sharing arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation principles, including Shariah-compliant terminology
4. Appointment of Security Agent: Terms of appointment, powers, and duties of the security agent
5. Sharing and Ranking of Security: Principles governing the sharing of collateral and ranking of security interests
6. Administration of Shared Security: Procedures for managing and maintaining the shared security interests
7. Enforcement of Security: Rights and procedures for enforcement of security interests
8. Application of Proceeds: Rules for the distribution of enforcement proceeds among secured parties
9. Decision Making: Procedures for collective decision-making among secured parties
10. Costs and Expenses: Allocation of costs related to security administration and enforcement
11. Changes to Parties: Procedures for transfers and assignments of rights
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirmation of Saudi law governance and jurisdiction provisions
1. Shariah Compliance: Specific provisions ensuring compliance with Islamic finance principles - required when any party requires explicit Shariah compliance
2. Intercreditor Provisions: Detailed provisions governing relationships between different classes of creditors - needed when there are multiple levels of debt
3. Additional Security: Provisions for taking additional security in the future - useful for evolving security arrangements
4. Common Security Agent Provisions: Detailed provisions regarding security agent replacement and liability - needed for complex multi-party arrangements
5. Currency Provisions: Rules for handling multiple currencies - required for international transactions
6. Tax Provisions: Specific tax-related provisions - needed when tax implications are significant
1. Schedule 1 - Form of Accession Deed: Standard form for new parties joining the agreement
2. Schedule 2 - Security Assets: Detailed list and description of all shared security assets
3. Schedule 3 - Security Documents: List of all security documents covered by the agreement
4. Schedule 4 - Form of Security Agent Resignation Letter: Standard form for security agent resignation
5. Schedule 5 - Secured Party Details: Contact and account details of all secured parties
6. Appendix A - Shariah Structure Diagram: Visual representation of the Shariah-compliant structure
7. Appendix B - Enforcement Procedures: Detailed procedures for security enforcement under Saudi law
Authors
Account Bank
Additional Creditor
Additional Security
Borrower
Business Day
Collateral
Default
Delegate
Discharge Date
Enforcement Action
Enforcement Proceeds
Event of Default
Facility Agent
Facility Agreement
Finance Documents
Financial Indebtedness
Guarantee
Guarantor
Insolvency Event
Intercreditor Agreement
Islamic Facility
Islamic Finance Provider
Liabilities
Majority Secured Parties
Material Adverse Effect
Murabaha Agreement
Obligor
Original Secured Parties
Parallel Debt
Payment Date
Permitted Security
Principal Documents
Priority of Payments
Proceeds Account
Secured Assets
Secured Liabilities
Secured Parties
Security
Security Agent
Security Documents
Security Interest
Security Period
Security Provider
Security Trust
Shariah Committee
Sharing Percentage
Subsidiary
Sukuk
Transaction Security
Trust Assets
Trust Property
Wakala Agreement
Authority
Agency
Security Sharing
Ranking and Priority
Payment Provisions
Enforcement
Decision Making
Proceeds Distribution
Security Administration
Costs and Expenses
Indemnification
Resignation and Removal
Changes to Parties
Assignment and Transfer
Information Sharing
Confidentiality
Shariah Compliance
Powers of Attorney
Representations and Warranties
Undertakings
Events of Default
Amendments and Waivers
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Counterparts
Third Party Rights
Governing Law
Dispute Resolution
Language
Service of Process
Banking
Financial Services
Islamic Finance
Real Estate
Infrastructure
Energy
Manufacturing
Transportation
Construction
Telecommunications
Mining
Healthcare
Legal
Finance
Treasury
Compliance
Risk Management
Islamic Finance
Corporate Finance
Project Finance
Credit
Security Administration
Legal Counsel
Finance Director
Chief Financial Officer
Treasury Manager
Compliance Officer
Risk Manager
Shariah Compliance Officer
Senior Banking Lawyer
Corporate Finance Manager
Project Finance Manager
Security Trustee Manager
Facility Agent Manager
Transaction Manager
Credit Risk Officer
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