Debt Waiver Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Debt Waiver Agreement

"I need a Debt Waiver Agreement for our Saudi bank to waive a corporate loan of SAR 5 million owed by a manufacturing company, with the waiver to take effect from March 1, 2025, and ensuring compliance with both Sharia and Saudi banking regulations."

Document background
The Debt Waiver Agreement is a crucial instrument in Saudi Arabian commercial and financial practice, used when a creditor agrees to forgive all or part of a debtor's outstanding obligations. This document is particularly relevant in debt restructuring scenarios, settlement negotiations, or as part of broader financial arrangements. The agreement must carefully balance the requirements of Saudi civil law with Sharia principles, which view debt forgiveness favorably when done for legitimate purposes. Key elements include detailed identification of the original debt, clear waiver terms, and necessary authorizations. The document becomes especially important during economic downturns, corporate restructurings, or when resolving distressed debt situations. Given Saudi Arabia's unique legal framework, special attention must be paid to ensuring the agreement meets both regulatory requirements and Sharia standards, particularly regarding the voluntary nature of the waiver and the absence of any prohibited consideration.
Suggested Sections

1. Parties: Identification of the creditor(s) and debtor(s), including full legal names and addresses

2. Background: Context of the original debt, reference to original agreements, and circumstances leading to the waiver

3. Definitions: Key terms used in the agreement, including 'Debt', 'Waiver Date', and other relevant definitions

4. Acknowledgment of Original Debt: Clear statement of the original debt amount and its origins

5. Waiver Declaration: Express declaration of the debt waiver, specifying the amount being waived and effective date

6. Sharia Compliance Statement: Confirmation that the waiver complies with Sharia principles

7. Representations and Warranties: Statements by both parties regarding their authority and capacity to enter into the agreement

8. Release and Discharge: Terms of the release from debt obligations and mutual discharge of claims

9. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for disputes

10. Notices: Process for sending formal communications between parties

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Conditions Precedent: Used when the waiver is conditional upon certain events or actions

2. Partial Waiver Terms: Required when only a portion of the debt is being waived

3. Remaining Obligations: Necessary when certain obligations survive the waiver

4. Security Release: Include when existing security arrangements need to be terminated

5. Confidentiality: Added when parties wish to keep the waiver terms confidential

6. Tax Implications: Include when there are significant tax consequences to address

7. Third Party Rights: Required when the waiver affects rights of guarantors or other third parties

Suggested Schedules

1. Schedule 1 - Original Debt Details: Detailed breakdown of the original debt, including dates, amounts, and reference documents

2. Schedule 2 - Waived Amount Calculation: Calculation and breakdown of the exact amount being waived

3. Schedule 3 - Remaining Debt (if applicable): Details of any debt that remains after the partial waiver

4. Schedule 4 - Related Security Documents: List of security documents affected by the waiver

5. Appendix A - Original Loan Agreement: Copy or extract of the original loan agreement

6. Appendix B - Corporate Authorizations: Copies of relevant corporate approvals and authorizations

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 Industries

Banking and Financial Services

Islamic Finance

Corporate Banking

Real Estate

Construction

Manufacturing

Retail

Healthcare

Energy and Resources

Telecommunications

Transportation and Logistics

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit Control

Risk Management

Compliance

Corporate Secretariat

Debt Recovery

Islamic Banking

Corporate Banking

Restructuring

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Shariah Compliance Officer

Credit Manager

Debt Recovery Specialist

Corporate Lawyer

Financial Controller

Treasury Manager

Risk Manager

Restructuring Officer

Company Secretary

Banking Relationship Manager

Collections Manager

Senior Finance 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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