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Real Estate Subordination Agreement
"I need a Real Estate Subordination Agreement for a commercial property in Riyadh, where an Islamic bank's existing security interest needs to be subordinated to a new senior facility being provided by a Saudi investment fund, with completion required by March 2025."
1. Parties: Identification of all parties to the agreement, including the senior creditor, subordinated creditor, and property owner
2. Background: Recitals explaining the existing security interests, their priority, and the reason for subordination
3. Definitions: Definitions of key terms used throughout the agreement, including references to the relevant security documents and property description
4. Subordination Agreement: Core provisions establishing the subordination of rights and priorities between the creditors
5. Representations and Warranties: Statements by each party confirming their authority, validity of their security interests, and other key facts
6. Covenants: Ongoing obligations of the parties regarding the subordinated rights and related matters
7. Registration and Notices: Requirements for registering the subordination agreement and providing notices to relevant authorities
8. Term and Termination: Duration of the subordination arrangement and circumstances under which it may be terminated
9. Governing Law and Jurisdiction: Confirmation of Saudi law application and jurisdiction for disputes
10. Execution: Signature blocks and attestation requirements under Saudi law
1. Further Assurance: Additional commitments to take necessary actions to give effect to the subordination, used when specific future actions may be needed
2. Currency Provisions: Provisions dealing with multiple currencies, needed when the secured obligations are in different currencies
3. Power of Attorney: Authorization for the senior creditor to act on behalf of the subordinated creditor in certain circumstances, used in more complex arrangements
4. Assignment and Transfer: Provisions governing the ability to transfer rights under the agreement, needed when transfers are contemplated
5. Shariah Compliance: Specific provisions confirming compliance with Islamic law principles, used when parties require explicit confirmation
6. Language: Provisions specifying which language version prevails, needed when dual-language versions are prepared
1. Property Description: Detailed legal description of the real estate property subject to the security interests
2. Existing Security Documents: List and copies of the security documents being subordinated and those taking priority
3. Form of Notice: Template for notices to be given to relevant authorities regarding the subordination
4. Registration Requirements: Checklist of registration requirements and forms for Saudi authorities
5. Powers of Attorney: Forms of any required powers of attorney
6. Corporate Authorizations: Copies of corporate approvals and authorizations for entering into the agreement
Authors
Authorized Person
Business Day
Commitment
Debt
Default
Enforcement Action
Enforcement Date
Event of Default
Existing Security
Finance Documents
Financial Indebtedness
Governing Law
Initial Senior Facility Agreement
Insolvency Event
Junior Debt
Junior Security
Liabilities
New Senior Facility Agreement
Parties
Permitted Payment
Priority of Payments
Property
Real Estate Rights
Receiver
Regulatory Authority
Release Date
Relevant Documents
SAMA
Saudi Law
Security
Security Agent
Security Documents
Security Interest
Security Period
Senior Creditor
Senior Debt
Senior Security
Shariah Board
Subordinated Creditor
Subordinated Rights
Subordination
Sukuk
Title Deed
Transaction Documents
Priority Rights
Security Interests
Payments and Distributions
Enforcement Rights
Turnover Provisions
Representations and Warranties
Covenants
Registration Requirements
Powers of Attorney
Further Assurance
Assignment and Transfer
Notices
Amendments and Waivers
Counterparts
Severability
Governing Law
Dispute Resolution
Force Majeure
Entire Agreement
Shariah Compliance
Language
Confidentiality
Costs and Expenses
Indemnification
Term and Termination
Authority and Capacity
No Third Party Rights
Regulatory Compliance
Default and Remedies
Real Estate
Banking & Finance
Islamic Finance
Construction & Development
Investment Management
Commercial Property
Residential Property
Infrastructure
Hospitality
Industrial & Manufacturing
Legal
Real Estate
Finance
Compliance
Risk Management
Islamic Finance
Property Management
Investment
Corporate Finance
Security Administration
Legal Counsel
Real Estate Manager
Finance Director
Property Development Manager
Investment Manager
Compliance Officer
Shariah Compliance Officer
Risk Manager
Corporate Lawyer
Real Estate Finance Manager
Property Portfolio Manager
Islamic Finance Specialist
Security Trustee
Facility Agent
Transaction Manager
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