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Master Netting Agreement
"Need a Master Netting Agreement under Saudi Arabian law for a major investment bank entering into multiple derivative transactions with local financial institutions, with specific provisions for Sharia compliance and SAMA regulations."
1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Comprehensive definitions of terms used throughout the agreement, including specific Saudi law concepts
4. Scope of Agreement: Description of transactions covered by the netting arrangement
5. Netting Provisions: Core netting mechanisms, including payment netting and close-out netting procedures
6. Sharia Compliance Declaration: Explicit statements regarding Sharia compliance of the netting arrangements
7. Representations and Warranties: Statements of fact and assurances from both parties, including capacity and authority to enter into the agreement
8. Events of Default: Comprehensive list of default triggers and their consequences
9. Early Termination: Procedures and consequences of early termination
10. Close-out Calculations: Methodology for calculating settlement amounts upon close-out
11. Payment Obligations: Terms for payments and deliveries under the agreement
12. Security and Margin: Provisions for collateral and margin requirements
13. Governing Law and Jurisdiction: Explicit choice of Saudi law and jurisdiction provisions
14. Notices: Communication procedures between parties
15. Miscellaneous: Standard boilerplate provisions adapted for Saudi law
1. Multi-branch Provisions: Include when parties operate through multiple branches or offices
2. Special Entity Provisions: Include when one party is a government entity or requires special treatment under Saudi law
3. Credit Support Arrangements: Include when parties agree to specific collateral arrangements
4. Third Party Security: Include when third party security providers are involved
5. Islamic Finance Provisions: Include detailed Islamic finance provisions when parties specifically require strict Sharia compliance
6. Currency Provisions: Include when transactions involve multiple currencies
7. Tax Provisions: Include detailed tax provisions when cross-border transactions are contemplated
1. Schedule 1 - Covered Transactions: List and details of transaction types covered by the agreement
2. Schedule 2 - Specified Entities: List of affiliated entities covered by the agreement
3. Schedule 3 - Legal Opinions: Required legal opinions and their specific requirements
4. Schedule 4 - Contact Details: Detailed contact information for notices and communications
5. Schedule 5 - Sharia Guidelines: Specific Sharia compliance requirements and guidelines
6. Appendix A - Form of Confirmation: Standard form for transaction confirmations
7. Appendix B - Credit Support Documentation: Forms and requirements for credit support arrangements
8. Appendix C - Early Termination Calculation Examples: Illustrative examples of close-out calculations
Authors
Base Currency
Business Day
Calculation Agent
Close-out Amount
Covered Transactions
Default Interest
Default Rate
Designated Office
Early Termination
Early Termination Amount
Early Termination Date
Event of Default
Force Majeure Event
Governing Law
Islamic Finance Principles
Local Business Day
Market Quotation
Netting
Payment Date
Potential Event of Default
Reference Market-makers
SAMA
SAMA Regulations
Scheduled Payment Date
Sharia Board
Sharia Compliant
Specified Entities
Specified Jurisdiction
Specified Transaction
Termination Currency
Termination Currency Equivalent
Threshold Amount
Transaction
Unpaid Amount
Waiting Period
Zakat
Definitions
Interpretation
Netting
Close-out Netting
Payment Netting
Events of Default
Early Termination
Calculations and Valuations
Payment Obligations
Representations and Warranties
Covenants
Sharia Compliance
Security and Collateral
Set-off Rights
Force Majeure
Transfer and Assignment
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Termination
Regulatory Compliance
Tax
Costs and Expenses
Confidentiality
Records and Documentation
Electronic Trading
Islamic Finance Requirements
Authority and Capacity
Third Party Rights
Currency Provisions
Business Day Convention
Banking
Financial Services
Investment Management
Insurance
Islamic Finance
Treasury Services
Capital Markets
Asset Management
Risk Management
Corporate Finance
Legal
Treasury
Risk Management
Compliance
Islamic Finance
Trading
Operations
Credit Risk
Regulatory Affairs
Finance
Investment Management
Chief Financial Officer
Treasury Manager
Risk Management Officer
Legal Counsel
Compliance Officer
Islamic Finance Specialist
Financial Controller
Trading Manager
Credit Risk Manager
Regulatory Affairs Director
Investment Manager
General Counsel
Head of Operations
Chief Risk Officer
Transaction Banking Manager
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