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Cross Collateral Agreement
"I need a Cross Collateral Agreement under Saudi law for a real estate development company securing multiple Murabaha facilities worth SAR 500 million with two local banks, where the collateral includes both commercial properties and equipment."
1. Parties: Identification of all parties to the agreement including the security provider(s) and the secured party/parties
2. Background: Context of the agreement, reference to primary facilities/financing arrangements, and Sharia compliance declaration
3. Definitions: Definitions of key terms including Secured Obligations, Collateral, Events of Default, and relevant Islamic finance terms
4. Creation of Security Interest: Provisions establishing the security interest over all identified collateral in compliance with Sharia principles
5. Cross-Collateralization Provisions: Mechanism by which each collateral secures all obligations under various facilities
6. Representations and Warranties: Standard and specific representations regarding ownership, authority, and Sharia compliance
7. Covenants: Positive and negative obligations of the security provider regarding the collateral
8. Perfection Requirements: Steps required to perfect the security interest under Saudi law
9. Events of Default: Circumstances constituting default and triggering enforcement rights
10. Enforcement: Rights and procedures for enforcement in accordance with Saudi law and Sharia principles
11. Costs and Expenses: Allocation of costs related to creation, perfection, and enforcement of security
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirmation of Saudi law governance and jurisdiction of Saudi courts
1. Additional Security Provider Provisions: Used when multiple security providers are involved, defining their relationships and obligations
2. Priority Arrangements: Include when there are multiple secured parties to establish ranking of security interests
3. Further Assurance: Optional detailed provisions regarding additional steps parties may need to take
4. Power of Attorney: Optional provision granting power of attorney for perfection/enforcement actions
5. Assignment and Transfer: Include when transferability of rights is contemplated
6. Currency Provisions: Required when secured obligations are in multiple currencies
7. Sharia Board Approval: Include when specific Sharia board approval is required by any party
1. Schedule 1 - Secured Obligations: Detailed list of all facilities and obligations secured by the cross-collateral arrangement
2. Schedule 2 - Collateral Description: Comprehensive description of all assets serving as collateral
3. Schedule 3 - Perfection Requirements: Specific requirements for each type of collateral under Saudi law
4. Schedule 4 - Form of Notices: Standard form notices required for perfection or enforcement
5. Schedule 5 - Security Provider Details: Details of security providers and their respective collateral when multiple providers involved
6. Appendix A - Required Documentation: List of documents required for perfection and registration
7. Appendix B - Sharia Principles: Relevant Sharia principles and structuring requirements applicable to the arrangement
Authors
Applicable Law
Business Day
Collateral
Charged Assets
Cross-Default
Default Notice
Enforcement Event
Encumbrance
Event of Default
Existing Security
Facility Agreement
Facility Documents
Finance Documents
Financial Indebtedness
Financing Facilities
Further Assurance
Governmental Authority
Islamic Financing Principles
Legal Proceedings
Liabilities
License
Material Adverse Effect
Obligation Documents
Perfection Requirements
Permitted Security Interest
Principal Obligor
Proceeds
Prohibited Activities
Relevant Jurisdiction
Representatives
Saudi Arabian Law
SAMA
Secured Assets
Secured Liabilities
Secured Obligations
Secured Parties
Security
Security Agent
Security Documents
Security Interest
Security Period
Security Provider
Security Rights
Sharia Board
Sharia Principles
Specified Assets
Transaction Documents
Underlying Contracts
Recitals
Definitions
Interpretation
Cross Collateralization
Security Creation
Secured Obligations
Representations and Warranties
Covenants
Security Perfection
Further Assurance
Continuing Security
Power of Attorney
Events of Default
Enforcement
Application of Proceeds
Release of Security
Assignment and Transfer
Costs and Expenses
Indemnification
Set-off
Amendments
Severability
Notices
Confidentiality
Delegation
Counterparts
Sharia Compliance
Governing Law
Dispute Resolution
Banking & Financial Services
Real Estate & Construction
Manufacturing & Industrial
Trading & Commercial
Energy & Resources
Infrastructure & Projects
Healthcare
Hospitality & Tourism
Transportation & Logistics
Technology & Communications
Legal
Finance
Risk Management
Compliance
Sharia Advisory
Corporate Finance
Treasury
Banking Operations
Credit Administration
Transaction Management
Legal Counsel
Finance Manager
Credit Risk Manager
Compliance Officer
Sharia Compliance Officer
Transaction Manager
Security Trustee
Facility Agent
Investment Manager
Corporate Finance Manager
Chief Financial Officer
Treasury Manager
Legal Director
Banking Operations Manager
Risk Management Officer
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