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Deeds Of Guarantee
"I need a Deed of Guarantee under Saudi law for a construction project in Riyadh, where our parent company will guarantee the performance obligations of our subsidiary as the main contractor for a government infrastructure project starting March 2025."
1. Parties: Identification of the Guarantor, Principal Debtor, and Beneficiary with full legal names and addresses
2. Background: Context of the guarantee, including reference to the primary obligation and relationship between parties
3. Definitions: Key terms used in the deed, including Arabic legal and Islamic finance terminology where relevant
4. Guarantee and Indemnity: Core provisions setting out the guarantee obligations, including the scope and limits of the guarantee
5. Consideration: Statement of consideration in Shariah-compliant terms
6. Primary Obligations: Details of the underlying obligations being guaranteed
7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and Shariah compliance
8. Payment Provisions: Terms for making payments under the guarantee, ensuring Shariah-compliant mechanisms
9. Enforcement: Rights and procedures for enforcing the guarantee under Saudi law
10. Duration and Release: Term of the guarantee and conditions for its termination or release
11. Governing Law and Jurisdiction: Confirmation of Saudi law governance and jurisdiction of Saudi courts
1. Security Provisions: Include when the guarantee is secured by specific assets or collateral
2. Multiple Guarantors: Additional provisions required when there is more than one guarantor
3. Currency Provisions: Required when the guarantee involves obligations in multiple currencies
4. Step-In Rights: Optional provisions allowing the guarantor to step into the position of the principal debtor
5. Third Party Rights: Provisions addressing the rights of third parties, if relevant to the transaction
6. Shariah Board Approval: Section documenting Shariah board approval when required for specific transactions
1. Primary Obligation Details: Details of the underlying obligation being guaranteed, including payment terms and conditions
2. Form of Demand: Prescribed form for making a demand under the guarantee
3. Security Details: Description of any security or collateral provided (if applicable)
4. Shariah Structure Diagram: Visual representation of the guarantee structure showing Shariah-compliant arrangement
5. Required Notices: Forms of notices and communications required under the guarantee
6. Power of Attorney: Form of power of attorney if required for enforcement purposes
Authors
Principal Debtor
Guarantor
Beneficiary
Event of Default
Demand
Business Day
Shariah
Effective Date
Guarantee Period
Security
Enforcement Notice
Default Rate
Material Adverse Effect
Permitted Security Interest
Release Date
Related Rights
Saudi Business Day
SAMA
Underlying Agreement
Kafalah
Daman
Governing Law
Jurisdiction
Authorized Representative
Guarantee Limit
Termination Date
Claim
Notice
Relevant Documents
Security Assets
Dispute
Force Majeure
Liability
Payment Date
Representations
Warranties
Costs
Confidential Information
Applicable Laws
Representations and Warranties
Payment Obligations
Shariah Compliance
Security
Default and Enforcement
Duration and Release
Notices
Assignment and Transfer
Costs and Expenses
Confidentiality
Force Majeure
Severability
Amendment and Waiver
Counterparts
Language
Further Assurance
Set-Off
Time Limits
Governing Law and Jurisdiction
Dispute Resolution
Entire Agreement
Third Party Rights
Powers of Attorney
Execution
Communications
Termination
Remedies and Waivers
Currency Provisions
Authority and Capacity
Banking and Finance
Construction
Real Estate
Manufacturing
Trading and Commerce
Infrastructure Development
Energy and Resources
Telecommunications
Healthcare
Education
Legal
Finance
Compliance
Risk Management
Treasury
Commercial Operations
Islamic Banking
Corporate Secretariat
Business Development
Credit Control
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Risk Manager
Commercial Director
Compliance Officer
Contract Manager
Chief Legal Officer
Treasury Manager
Business Development Manager
Company Secretary
Islamic Finance Specialist
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