Note And Security Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Note And Security Agreement

"I need a Note and Security Agreement for a 5 million SAR manufacturing equipment financing between our industrial company and a Saudi bank, with the equipment serving as collateral, to be completed before March 2025."

Document background
The Note and Security Agreement is a fundamental document in Saudi Arabian secured financing transactions, used when a party requires financing while providing collateral as security. This document type is particularly important in the Saudi Arabian context as it must bridge conventional secured lending practices with Islamic finance principles. The agreement serves dual purposes: it evidences the debt obligation through a promissory note structure and creates security interests over specified assets, all while ensuring compliance with Saudi law and Sharia requirements. It's commonly used in commercial financing, asset-based lending, and project finance transactions where lenders require robust security packages. The document must be structured to comply with the Commercial Pledge Law, Banking Control Law, and other relevant Saudi regulations, while incorporating appropriate enforcement mechanisms recognized by Saudi courts.
Suggested Sections

1. Parties: Identification of the lender, borrower, and any guarantors or security providers

2. Background: Context of the financing arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific Arabic legal terms

4. Principal Terms of the Note: Amount, payment terms, profit rate (compliant with Sharia), and maturity date

5. Security Interest: Description of collateral and grant of security interest

6. Representations and Warranties: Standard and Sharia-specific representations regarding authority, ownership of collateral, and compliance

7. Covenants: Positive and negative covenants regarding maintenance of collateral and compliance with laws

8. Events of Default: Circumstances constituting default and consequences

9. Enforcement Rights: Rights and remedies upon default, including Sharia-compliant enforcement mechanisms

10. Registration and Notices: Requirements for perfection of security interest under Saudi law

11. Governing Law and Jurisdiction: Application of Saudi law and submission to Saudi courts

12. Execution: Signature blocks and attestation requirements

Optional Sections

1. Additional Security Providers: Include when third parties are providing additional security or guarantees

2. Islamic Finance Provisions: Detailed Sharia compliance provisions when required by the financing structure

3. Cross-Default: Include when there are other related financing arrangements

4. Insurance: Include when specific insurance requirements apply to the collateral

5. Currency Provisions: Include for cross-border transactions or when multiple currencies are involved

6. Tax Provisions: Include when specific tax considerations apply to the transaction

7. Assignment and Transfer: Include when transfer rights are contemplated

Suggested Schedules

1. Form of Promissory Note: Standard form of the promissory note compliant with Saudi law

2. Description of Collateral: Detailed description of all assets subject to the security interest

3. Payment Schedule: Detailed schedule of payment dates and amounts

4. Perfection Requirements: List of required registrations and notices for security interest

5. Form of Notices: Standard forms for various notices required under the agreement

6. Required Consents: List of required third-party and governmental consents

7. Existing Encumbrances: Schedule of any permitted existing liens or encumbrances on the collateral

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

Real Estate

Manufacturing

Trading and Commerce

Construction

Technology

Healthcare

Energy and Resources

Infrastructure

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Islamic Banking

Credit Administration

Security and Collateral Management

Corporate Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Compliance Officer

Credit Manager

Risk Manager

Treasury Manager

Corporate Banking Officer

Islamic Finance Specialist

Security Documentation Specialist

Commercial Director

Business Development Manager

Corporate Secretary

Financial Controller

Relationship 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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