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RAKIA Sukuk (continued...) - Islamic Finance News

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Deals of the Year 2007 Handbook<br />

Tamweel US$210 million Shariah<br />

Compliant Securitization<br />

In July 2007, Morgan Stanley successfully priced the Tamweel<br />

US$210 million Shariah compliant securitization amid<br />

volatile and choppy market conditions.<br />

The Tamweel transaction represents the fi rst internationally<br />

rated, Shariah compliant, true sale residential asset backed<br />

securitization from the Middle East. It is also the fi rst deal to<br />

incorporate multiple tranches within a Shariah compliant<br />

structure.<br />

DEAL STRUCTURE<br />

The asset portfolio consisted of residential property leases relating<br />

to properties in Dubai structured on a lease-to-buy basis.<br />

As originator, Tamweel sold legal title to its Ijarah assets to<br />

a special purpose vehicle, or SPV (Tamweel Properties),<br />

which in turn assigned its rights to the issuer SPV, Tamweel<br />

Residential ABS. Tamweel continues to act as originator<br />

and servicer of the Ijarah assets.<br />

Morgan Stanley acted as joint bookrunner for the transaction<br />

in addition to providing a series of Shariah compliant<br />

currency hedging solutions for the transaction, in order to<br />

guarantee the current AED-USD peg rate.<br />

SHARIAH COMPLIANT TRANCHING<br />

Under the Shariah, the acquisition of properties and other<br />

assets and rights can be made in tranches as contemplated<br />

under the acquisition agreements with payment being<br />

made after the acquisition.<br />

The Shariah basis for payment on the notes being prioritized<br />

was based on the consent of the noteholders such that:<br />

(a) Noteholders of a class of Notes may agree to dispose<br />

of their right to receive payments under the Notes<br />

(including payments of principal which are derived<br />

from the rental payments) as they wish;<br />

(b) Noteholders of another class of Notes (being coinvestors)<br />

may receive payments of a higher or lower<br />

rate of variable return, as the case may be; and<br />

(c) In the disposition of such rights to receive payments,<br />

the Noteholders of one class of Notes may agree that<br />

their rights to receive payments under the Notes and<br />

the payments when made (but only such rights and<br />

<strong>continued</strong>...<br />

ZUL RAFIQUE & partners<br />

2008 - Malaysian Law Firm of the Year (IFLR Asian Awards)<br />

2007 - Malaysia Deal of the Year (<strong>Islamic</strong> <strong>Finance</strong> news Awards)<br />

2006 - Malaysian Law Firm of the Year (IFLR Asian Awards)<br />

2005 - Malaysian Law Firm of the Year (IFLR Asian Awards)<br />

2005 - Malaysian Law Firm of the Year<br />

(ALB - Inaugural SE Asia Deals of the Year)<br />

2002 - Malaysian Law Firm of the Year (IFLR Asian Awards)<br />

www.<strong>Islamic</strong><strong>Finance</strong><strong>News</strong>.com<br />

Page 11

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