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Forward Funding Agreement for Saudi Arabia

Forward Funding Agreement Template for Saudi Arabia

A Forward Funding Agreement governed by Saudi Arabian law is a specialized financing arrangement that combines elements of real estate development and Sharia-compliant funding structures. The agreement details the terms under which a funder provides financing for a development project, typically paid in installments as construction progresses. The document must comply with both Saudi commercial regulations and Islamic finance principles, particularly avoiding elements of riba (interest) and gharar (excessive uncertainty). It establishes the rights, obligations, and risk allocation between the funder and developer, including construction milestones, payment mechanisms, and project monitoring requirements.

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What is a Forward Funding Agreement?

The Forward Funding Agreement is utilized in Saudi Arabia when a funder agrees to finance a development project from its early stages, typically before construction begins. This document is essential for large-scale development projects where traditional lending structures may not be suitable or Sharia-compliant. The agreement must carefully navigate Saudi Arabian legal requirements, including compliance with Islamic finance principles, real estate regulations, and commercial laws. It typically includes detailed provisions for funding disbursement, construction monitoring, risk allocation, and project completion guarantees. The Forward Funding Agreement is particularly important in the Saudi market where real estate development often requires specialized financing structures that align with both commercial objectives and religious principles. The document serves as a comprehensive framework for managing the relationship between funders and developers throughout the project lifecycle.

What sections should be included in a Forward Funding Agreement?

1. Parties: Identification of the Funder and Developer/Owner, including full legal names and registration details

2. Background: Context of the transaction, including description of the development project and funding arrangement

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Sharia Compliance: Declarations and structuring provisions to ensure compliance with Islamic finance principles

5. Conditions Precedent: Prerequisites that must be satisfied before funding obligations commence

6. Funding Obligations: Details of funding amounts, timing, and mechanics of payments

7. Development Obligations: Developer's obligations regarding construction, timing, and quality standards

8. Payment Mechanics: Procedures for drawdown requests, payments, and funding milestones

9. Construction Monitoring: Rights and procedures for monitoring construction progress

10. Representations and Warranties: Standard and transaction-specific representations by both parties

11. Developer Covenants: Ongoing obligations of the Developer throughout the project

12. Funder Covenants: Ongoing obligations of the Funder throughout the project

13. Risk Allocation: Distribution of risks between parties including construction, market, and regulatory risks

14. Insurance: Required insurance coverage and related obligations

15. Events of Default: Circumstances constituting default and consequences

16. Termination: Termination events and procedures

17. Governing Law and Dispute Resolution: Saudi law as governing law and dispute resolution mechanisms

What sections are optional to include in a Forward Funding Agreement?

1. Security Package: Required when additional security is provided, detailing guarantees, charges, or other security interests

2. Step-In Rights: Included when Funder requires rights to take over project development in case of Developer default

3. Pre-letting Provisions: Relevant when the project includes pre-letting requirements or targets

4. Cost Overrun Provisions: Detailed provisions for handling cost overruns, included when specific mechanisms are required

5. Environmental Compliance: Required for projects with significant environmental impact or requirements

6. Value Engineering: Included when parties want specific provisions for cost optimization during construction

7. Foreign Investment Provisions: Required when any party is a foreign investor, addressing specific regulatory requirements

What schedules should be included in a Forward Funding Agreement?

1. Property Description: Detailed legal and technical description of the development site

2. Development Program: Detailed construction timeline, milestones, and specifications

3. Funding Schedule: Detailed breakdown of funding amounts and timing

4. Form of Drawdown Notice: Template for Developer to request funding drawdowns

5. Construction Specifications: Detailed technical specifications for the development

6. Form of Architect's Certificate: Template for construction progress certification

7. Required Insurances: Detailed list of required insurance coverage

8. Form of Security Documents: Templates for any required security documentation

9. Professional Team: Details of key contractors, consultants, and professional advisers

10. Planning Permissions: Copies or details of required governmental approvals and permits

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Saudi Arabia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























































Clauses






































Relevant Industries

Real Estate

Construction

Banking & Finance

Islamic Finance

Commercial Property Development

Infrastructure

Retail Development

Industrial Development

Hospitality

Mixed-use Development

Relevant Teams

Legal

Finance

Real Estate

Development

Construction

Risk Management

Compliance

Investment

Commercial

Project Management

Relevant Roles

Chief Financial Officer

Real Estate Director

Development Director

Project Manager

Construction Manager

Legal Counsel

Sharia Compliance Officer

Investment Manager

Fund Manager

Risk Manager

Commercial Director

Finance Manager

Development Manager

Property Director

Transaction 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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