Debt Facility Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Debt Facility Agreement

"I need a Shariah-compliant Debt Facility Agreement for a SAR 500 million real estate development financing between ABC Islamic Bank and Saudi Property Development Co., with drawdown expected by March 2025 and using a combination of Ijara and Murabaha structures."

Document background
The Debt Facility Agreement serves as the primary documentation for Shariah-compliant financing arrangements in Saudi Arabia, used when a party requires substantial funding for business operations, expansion, or specific projects. This document is essential in the Saudi Arabian market where all financial transactions must comply with Islamic principles and local regulations. The agreement typically incorporates specific Islamic financing structures (such as Murabaha, Ijara, or Wakala), details the profit rate mechanisms, repayment terms, security arrangements, and covenant packages. It must align with Saudi Arabian law, including SAMA regulations, the Commercial Courts Law, and Shariah principles, while also addressing practical commercial requirements. The document is particularly crucial for corporate borrowings, project finance, and structured finance transactions in Saudi Arabia, requiring careful consideration of both conventional financing principles and Islamic finance requirements.
Suggested Sections

1. Parties: Identification of the financial institution(s) as financier(s), the borrower(s), and any guarantors

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

3. Definitions and Interpretation: Key terms, Islamic finance concepts, and interpretation principles

4. The Facility: Nature and purpose of the facility, commitment amounts, and Shariah structure

5. Islamic Finance Structure: Details of the Islamic structure used (e.g., Murabaha, Ijara) and compliance requirements

6. Conditions Precedent: Documents and conditions required before utilization

7. Utilization: Process and requirements for drawing down the facility

8. Repayment and Prepayment: Payment terms, scheduled repayments, and early payment provisions

9. Profit Rate and Fees: Calculation and payment of profit (not interest) and other permissible fees

10. Tax Provisions: Treatment of taxes and zakat obligations

11. Representations and Warranties: Standard and Shariah-specific representations

12. Information Undertakings: Reporting and information obligations

13. General Undertakings: Positive and negative covenants, including Shariah compliance

14. Events of Default: Default triggers and consequences

15. Changes to Parties: Transfer and assignment provisions

16. Payment Mechanics: Payment procedures and calculations

17. Governing Law and Jurisdiction: Saudi law provisions and dispute resolution

18. Notices: Communication procedures between parties

19. Execution: Signature blocks and execution requirements

Optional Sections

1. Security: Required if the facility is secured, detailing security structure and enforcement

2. Guarantee: Required if there are guarantors, containing guarantee terms

3. Syndication Provisions: Required for syndicated facilities, covering relationship between financiers

4. Investment Agency Provisions: Required if using investment agency (Wakala) structure

5. Multiple Currencies: Required if facility can be drawn in different currencies

6. Commodity Murabaha Terms: Required if using commodity Murabaha structure

7. Ijara Terms: Required if using Ijara structure

8. Increased Costs: Optional protection for financiers against regulatory changes

9. Force Majeure: Optional provisions for unforeseen circumstances

10. Anti-corruption Provisions: Required for international transactions or compliance with foreign regulations

Suggested Schedules

1. Conditions Precedent: Detailed list of required documents and conditions

2. Form of Utilization Request: Standard form for drawing requests

3. Repayment Schedule: Detailed payment dates and amounts

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

5. Form of Transfer Certificate: Documentation for transferring facility participations

6. Security Documents: Forms of security documentation if applicable

7. Profit Rate Calculations: Detailed methodology for calculating profit

8. Form of Islamic Finance Documents: Templates for specific Islamic structure documentation

9. Financial Covenants: Detailed financial maintenance requirements and calculations

10. Contact Details: Comprehensive contact information for all parties

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

Real Estate & Construction

Manufacturing & Industrial

Energy & Utilities

Healthcare

Technology & Telecommunications

Transportation & Logistics

Retail & Consumer Goods

Infrastructure Development

Education

Hospitality & Tourism

Mining & Natural Resources

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Finance

Islamic Banking

Credit

Business Development

Operations

Corporate Secretariat

Investment

Project Finance

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Compliance Officer

Islamic Finance Specialist

Corporate Finance Manager

Risk Manager

Shariah Compliance Officer

Business Development Director

Investment Manager

Project Finance Manager

Credit Risk Officer

Corporate Banking Officer

Financial Controller

General Counsel

Company Secretary

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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