Loan Agreement Between Parent Company And Subsidiary Template for Saudi Arabia

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Key Requirements PROMPT example:

Loan Agreement Between Parent Company And Subsidiary

"I need a Loan Agreement Between Parent Company And Subsidiary for a 5-year USD 10 million facility to our Saudi manufacturing subsidiary, with quarterly profit payments and specific Shariah-compliant security arrangements over the subsidiary's equipment."

Document background
The Loan Agreement Between Parent Company And Subsidiary is a critical document used in corporate group structures operating within Saudi Arabia where intra-group financing is required. This agreement template is specifically designed to facilitate financial arrangements between related companies while ensuring compliance with Saudi Arabian laws, regulations, and Shariah principles. It is commonly used when a parent company provides financing to its subsidiary for operational needs, expansion projects, or working capital requirements. The document incorporates necessary provisions for regulatory compliance, including Saudi Arabian Companies Law requirements, ZATCA regulations, and Islamic finance principles. It includes detailed sections on profit calculation (rather than interest), security arrangements, and corporate governance requirements. This template is particularly relevant for both domestic Saudi Arabian corporate groups and international companies with Saudi Arabian subsidiaries, requiring careful consideration of cross-border financing regulations and foreign investment laws.
Suggested Sections

1. Parties: Identification of the parent company (as lender) and subsidiary (as borrower), including full legal names and registration details

2. Background: Context of the loan, relationship between parties, and confirmation of Shariah compliance

3. Definitions: Definitions of terms used throughout the agreement, including Islamic finance terminology

4. Facility Details: Amount, purpose, and nature of the loan facility structured in accordance with Shariah principles

5. Conditions Precedent: Conditions that must be satisfied before the loan becomes effective

6. Drawdown Mechanics: Procedures and requirements for accessing the loan funds

7. Repayment Terms: Schedule and mechanisms for repayment, structured to comply with Islamic finance principles

8. Representations and Warranties: Standard and Shariah-specific representations by both parties

9. Covenants: Positive and negative obligations of the borrower during the loan term

10. Events of Default: Circumstances constituting default and consequences

11. Taxes and Zakat: Treatment of taxes, zakat obligations, and related payments

12. Governing Law and Jurisdiction: Application of Saudi law and designation of competent courts

13. Notices: Communication procedures between parties

14. Execution: Signature blocks and execution formalities

Optional Sections

1. Security: Include when the loan is secured by assets or guarantees

2. Parent Company Undertakings: Additional undertakings when parent company has specific obligations beyond lending

3. Foreign Currency Provisions: Required when loan is not in Saudi Riyals

4. Regulatory Compliance: Additional provisions for compliance with specific regulations, particularly relevant for regulated entities

5. Assignment and Transfer: Include when transfer rights are to be granted

6. Shariah Advisory: Detailed Shariah compliance provisions when required by parties or regulators

7. Group Company Provisions: Additional terms when other group companies are involved in the arrangement

8. Force Majeure: Include when specific force majeure provisions are required beyond standard provisions

Suggested Schedules

1. Facility Terms: Detailed terms of the loan facility including amounts, profit rates, and payment schedules

2. Conditions Precedent Documents: List of required documents and conditions to be satisfied

3. Form of Drawdown Notice: Template for requesting disbursement of loan funds

4. Repayment Schedule: Detailed schedule of repayment dates and amounts

5. Security Details: Description of any security or collateral (if applicable)

6. Corporate Authorizations: Required corporate approvals and resolutions

7. Shariah Structure Diagram: Visual representation of the Islamic finance structure used

8. Calculation of Profit Rate: Methodology for calculating Shariah-compliant profit

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 and Financial Services

Manufacturing

Real Estate and Construction

Energy and Utilities

Technology and Communications

Healthcare

Retail and Consumer Goods

Transportation and Logistics

Mining and Natural Resources

Industrial Conglomerates

Relevant Teams

Legal

Finance

Treasury

Compliance

Tax

Corporate Secretarial

Risk Management

Islamic Finance

Corporate Governance

Internal Audit

Relevant Roles

Chief Financial Officer

Legal Counsel

Finance Director

Corporate Treasurer

Financial Controller

Company Secretary

Compliance Officer

Tax Manager

Shariah Compliance Officer

Corporate Finance Manager

Group Financial Controller

Risk Manager

Treasury Operations Manager

Legal Director

Managing Director

Board Director

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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