It is important to note that this precedent does not consider the requirements of Islamic finance in accordance with Sharia law. Care should be given to ensure documentation is Sharia compliant. For key details on Islamic finance, see Key Principles of Islamic Finance

Encumbrance means a mortgage, claim, charge, pledge, lien, hypothecation, guarantee, right of set-off, trust, assignment, right of first refusal, right of pre-emption, option, restriction or other encumbrance or any legal or equitable third party right or interest, including any security interest of any kind or any type of preferential arrangement (or any like agreement or arrangement creating any of the same or having similar effect).