The Lender and Borrower Agreement is a fundamental document used in Saudi Arabian financing transactions to establish legally binding and Sharia-compliant relationships between financial institutions and their clients. This agreement is essential for any financing arrangement in Saudi Arabia, whether for corporate or individual borrowers, and must comply with both the Kingdom's banking regulations and Islamic finance principles. The document covers crucial elements including the financing amount, profit calculation methods, payment schedules, security arrangements, and default provisions. It is designed to protect both parties' interests while ensuring compliance with Saudi Arabian Monetary Authority (SAMA) requirements and Sharia principles, making it suitable for various financing purposes from business expansion to asset acquisition.
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1. Parties: Identification of the Lender and Borrower with full legal names, addresses, and registration details
2. Background: Context of the financing arrangement and confirmation of Sharia compliance
3. Definitions and Interpretation: Key terms including Sharia-compliant financing concepts and relevant Islamic banking terminology
4. Facility Details: Amount, purpose, and structure of the financing facility in Sharia-compliant terms
5. Conditions Precedent: Documents and conditions required before the facility becomes available
6. Profit Rate and Payments: Sharia-compliant profit rate calculation, payment schedule, and payment mechanisms
7. Representations and Warranties: Statements of fact and assurances from the Borrower
8. Borrower Covenants: Positive and negative obligations of the Borrower during the facility period
9. Events of Default: Circumstances constituting default and consequences
10. Security: Details of any security or guarantees provided
11. Payments and Calculations: Payment mechanics, business day conventions, and calculation methods
12. Changes to Parties: Rules regarding assignment and transfer rights
13. Notices: Communication methods and contact details
14. Governing Law and Jurisdiction: Saudi law as governing law and jurisdiction of Saudi courts
1. Islamic Insurance (Takaful): Required when insurance of assets is part of the facility requirements
2. Guarantee Provisions: Include when there are third-party guarantors
3. Security Agent Provisions: Required for syndicated facilities with multiple lenders
4. Early Payment Provisions: Include when early payment options are available
5. Purpose Restrictions: Detailed restrictions on use of funds when facility is for specific purposes
6. Regulatory Compliance: Additional regulatory requirements for specific types of borrowers or facilities
7. Cross-Default Provisions: Include when borrower has other significant financial obligations
1. Facility Details Schedule: Detailed terms of the facility including profit rate, payment dates, and amounts
2. Conditions Precedent Schedule: List of required documents and conditions
3. Form of Drawdown Request: Template for requesting disbursement of funds
4. Repayment Schedule: Detailed payment schedule with dates and amounts
5. Security Documents: Forms of security documents and guarantees
6. Sharia Structure Diagram: Visual representation of the Islamic financing structure
7. Form of Compliance Certificate: Template for periodic compliance reporting
8. Fees Schedule: Details of applicable fees and charges in Sharia-compliant format
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Construction
Manufacturing
Retail
Healthcare
Education
Technology
Transportation & Logistics
Energy & Utilities
Agriculture
Hospitality
Industrial
Mining
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Banking
Credit Analysis
Operations
Business Development
Islamic Banking
Documentation
Corporate Services
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Credit Manager
Risk Manager
Treasury Manager
Corporate Banking Officer
Relationship Manager
Credit Analyst
Legal Director
Sharia Compliance Officer
Investment Manager
Financial Controller
Branch Manager
Loan Officer
Business Development Manager
Corporate Secretary
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