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Facilities Agreement
"I need a Shariah-compliant Facilities Agreement under Saudi law for a SAR 500 million Murabaha facility to be provided by a syndicate of local banks to a real estate development company, with security over the development project and corporate guarantees from the parent company."
1. Parties: Identification of the finance parties and the obligors
2. Background: Context of the facility and key commercial terms
3. Definitions and Interpretation: Defined terms, interpretation principles, and Shariah compliance declarations
4. The Facilities: Details of the facility types, purposes, and availability
5. Conditions Precedent: Documentation and conditions required before utilization
6. Utilization: Process and requirements for drawing down the facilities
7. Profit Rate and Fees: Profit rate calculations, fees, and payment provisions (structured to be Shariah-compliant)
8. Payment Mechanics: Payment procedures, currencies, and set-off provisions
9. Islamic Structure: Specific Islamic finance structure being used (e.g., Murabaha, Ijara)
10. Representations and Warranties: Standard and transaction-specific representations
11. Information Undertakings: Reporting and information obligations
12. General Undertakings: Positive and negative covenants
13. Financial Covenants: Financial maintenance and testing requirements
14. Events of Default: Default triggers and consequences
15. Changes to Parties: Transfer and assignment provisions
16. Administration: Administrative and mechanical provisions
17. Governing Law and Enforcement: Saudi law as governing law and enforcement provisions
1. Security: Include when the facility is secured, detailing security package and enforcement
2. Guarantee: Include when there are guarantors providing guarantees
3. Agency Provisions: Include for syndicated facilities with an agent bank
4. Investment Agency Provisions: Include when using Wakala structure
5. Commodity Murabaha Provisions: Include when using Commodity Murabaha structure
6. Ijara Provisions: Include when using Ijara structure
7. Intercreditor Provisions: Include when multiple creditor classes exist
8. Account Bank Provisions: Include when specific account management is required
9. Purchase Undertaking: Include in Islamic structures requiring purchase undertakings
10. Service Agency Provisions: Include when assets require management under Islamic structures
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Utilization Request: Standard form for drawing requests
3. Form of Transfer Certificate: Template for transfers between lenders
4. Form of Compliance Certificate: Template for periodic compliance reporting
5. Security Documents: Forms of security documents and perfection requirements
6. Islamic Transaction Documents: Forms of Islamic structure documents (e.g., Murabaha contracts)
7. Profit Rate Calculations: Detailed profit rate calculation methodologies
8. Form of Accession Deed: Template for new parties joining the agreement
9. Financial Covenants Calculations: Detailed financial covenant calculation methodologies
10. Contact Details: Administrative and notice details for all parties
11. Existing Security: Details of any existing security arrangements
12. Form of Shariah Compliance Certificate: Template for periodic Shariah compliance confirmation
Authors
Account Bank
Additional Facility
Additional Obligor
Administration Party
Affiliate
Agency Fee
Applicable Margin
Authority
Available Commitment
Available Facility
Banking Day
Base Rate
Break Costs
Business Day
Calculation Date
Commodity
Commodity Broker
Commitment
Compliance Certificate
Confidential Information
Cost of Funds
Default
Disruption Event
Event of Default
Facility
Facility Office
Finance Document
Finance Party
Financial Indebtedness
Financial Statements
Government Authority
Group
Guarantee
Holding Company
Ijara
Increased Costs
Investment Agency Agreement
Islamic Facility
Legal Reservation
Lender
Majority Lenders
Material Adverse Effect
Murabaha
Murabaha Contract
Notice
Obligor
Original Financial Statements
Original Jurisdiction
Outstanding Amount
Party
Perfection Requirements
Permitted Security
Potential Event of Default
Profit Period
Profit Rate
Purchase Price
Quotation Day
Reference Banks
Repeating Representations
Request
Sale Contract
SAMA
Sanctions
Screen Rate
Security
Security Agent
Security Document
Security Property
Shariah Board
Shariah Principles
Subsidiary
Supplemental Security
Tax
Total Commitments
Transaction Document
Transfer Certificate
Transfer Date
Unpaid Sum
Utilization
Utilization Date
Utilization Request
VAT
Wakala
Zakat
Islamic Structure
Facility Terms
Purpose
Conditions Precedent
Utilization
Profit Rate
Fees
Tax and Zakat
Increased Costs
Payment Terms
Market Disruption
Prepayment
Cancellation
Security
Guarantee
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Changes to Parties
Role of Agents
Payment Mechanics
Set-off
Notices
Calculations
Confidentiality
Counterparts
Amendments
Assignments and Transfers
Shariah Compliance
Governing Law
Dispute Resolution
Process Agent
Waiver of Interest
Currency Indemnity
Severability
Force Majeure
Entire Agreement
Banking & Financial Services
Real Estate & Construction
Manufacturing & Industrial
Energy & Resources
Healthcare
Technology
Telecommunications
Transportation & Logistics
Retail & Consumer Goods
Infrastructure
Agriculture
Hospitality & Tourism
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Islamic Banking
Credit
Documentation
Operations
Business Development
Project Finance
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Relationship Manager
Credit Officer
Investment Manager
Islamic Finance Specialist
Shariah Compliance Officer
Finance Manager
Corporate Banking Officer
Project Finance Manager
Transaction Manager
Documentation Manager
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