Collateral Sharing Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

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."

Document background
The Collateral Sharing Agreement is essential in structured finance and syndicated lending transactions in Saudi Arabia where multiple creditors hold security interests in the same collateral. It is particularly relevant in project finance, real estate development, and large corporate financing arrangements where both conventional and Islamic finance providers are involved. The agreement establishes the mechanism for sharing security interests, defines creditor rankings, outlines enforcement procedures, and ensures compliance with Saudi law and Shariah principles. It typically includes provisions for security agent appointment, enforcement proceeds distribution, and collective decision-making processes. This document is crucial for managing complex security arrangements in Saudi Arabia's unique legal and regulatory environment, which combines modern commercial law with Islamic finance principles.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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
Clauses
Relevant Industries

Banking

Financial Services

Islamic Finance

Real Estate

Infrastructure

Energy

Manufacturing

Transportation

Construction

Telecommunications

Mining

Healthcare

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Islamic Finance

Corporate Finance

Project Finance

Credit

Security Administration

Relevant Roles

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

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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