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Collateral Security Agreement
"I need a Collateral Security Agreement under Saudi Arabian law for a manufacturing company pledging its equipment and inventory as security for a Shariah-compliant financing facility with ABC Islamic Bank, with the security to be registered in the Unified Registry."
1. Parties: Identification of the Security Provider/Grantor and the Security Taker/Beneficiary, including full legal names and address details
2. Background: Context of the security arrangement, reference to main facility agreement, and purpose of the security
3. Definitions and Interpretation: Key terms used throughout the agreement, including defined terms from related financing documents
4. Creation of Security: Express provisions creating the security interest over the collateral, including the type of security being created
5. Secured Obligations: Clear description of the obligations being secured, including principal, profit, fees, and other amounts
6. Collateral Description: Detailed description of the assets being provided as security, including all relevant identifying information
7. Representations and Warranties: Security Provider's confirmations regarding ownership, authority, and status of the collateral
8. Covenants: Ongoing obligations of the Security Provider regarding maintenance and preservation of the collateral
9. Perfection Requirements: Actions required to perfect the security interest, including registration requirements
10. Enforcement: Rights and remedies available upon default, consistent with Saudi law and Shariah principles
11. Power of Attorney: Appointment of the Security Taker as attorney for enforcement purposes
12. Further Assurance: Obligation to execute further documents and take additional steps if required
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Confirmation of Saudi law governance and jurisdiction of Saudi courts
1. Security Margin: Required when the security includes a margin requirement or top-up provisions
2. Custody Arrangements: Needed when the collateral requires third-party custody arrangements
3. Income and Voting Rights: Required when the collateral consists of shares or other securities with associated rights
4. Insurance: Needed when the collateral requires insurance coverage
5. Security Agent Provisions: Required in syndicated facilities where a security agent holds the security
6. Parallel Debt: May be needed in complex, multi-jurisdictional transactions
7. Shariah Compliance Representations: Additional provisions specifically addressing Shariah compliance requirements
1. Schedule 1 - Collateral Details: Detailed description and/or list of all assets comprising the collateral
2. Schedule 2 - Form of Notice of Assignment: Template notice to be sent to relevant third parties regarding the security
3. Schedule 3 - Form of Acknowledgment: Template acknowledgment to be obtained from relevant third parties
4. Schedule 4 - Perfection Requirements: Detailed list of all registration and filing requirements
5. Schedule 5 - Form of Power of Attorney: Template power of attorney for enforcement purposes
6. Appendix A - Related Security Documents: List of all related security and financing documents
7. Appendix B - Required Authorizations: List of all required governmental and corporate authorizations
Authors
Banking and Financial Services
Islamic Finance
Commercial Real Estate
Manufacturing
Trading and Commerce
Infrastructure and Construction
Energy and Resources
Transportation and Logistics
Healthcare
Technology and Telecommunications
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit
Islamic Banking
Corporate Finance
Security Administration
Legal Counsel
Finance Manager
Chief Financial Officer
Compliance Officer
Risk Manager
Corporate Secretary
Treasury Manager
Credit Manager
Islamic Finance Specialist
Security Trustee
Relationship Manager
Transaction Manager
Legal Director
Corporate Finance Manager
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