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    Are Islamic syndicated financings different

    from conventional syndicated loans?

    University of Maastricht

    Faculty of Economics and Business Administration

    Maastricht, 03.08.2009

    Farbood, Hutan (I229830)

    Master of Science in International Business

    Concentration: FinanceSupervisor: Professor Dr. S. Kleimeier

    Final Master Thesis

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    Table of Contents

    Page

    1. Introduction 2

    2. Islamic Financing .. 5

    2.1. The Principles of Islamic Financing .... 52.2. Islamic Financing Methods . 72.2.1. The Profit-and Loss-sharing Modes . 92.2.2. The Mark-up Modes .. 102.2.3. Sukuk.. 112.3. Islamic Syndicated Finance... 12

    3. Descriptive Research Questions ... 15

    4. Analysis on Loan Spreads of Malaysian Syndications .... 214.1. The Banking System in Malaysia ...... 25

    5. Data Selection... ... 27

    5.1. Data Selection for the Descriptive Research Questions........ 275.2. Sample Characteristics for the Descriptive Research Questions....... 285.3. Data Selection & Sample Characteristics for the Loan Spread Analysis of

    Malaysian Syndications ............ 29

    6. Empirical Results.... 31

    6.1. The source of funds for Islamic Syndicated financings......... 31

    6.2. The receivers of Islamic syndicated financings.. 346.3. Industries towards which Islamic syndicated financing are directed to .... 376.3.1. Changes of Islamic syndicated deals for different industries over time.. 446.4.Shares of lead banks: Islamic syndications vs. conventional syndications.... 466.5.Maturities of Islamic syndicated financings versus conventional syndications. 476.6.Financial debt covenants: Islamic syndications vs. conventional syndications. 496.7.Participating banks: Islamic syndications vs. conventional syndications.. 496.8.Deal Size: Islamic syndications vs. conventional syndications..... 506.9.Differences in the Spread... 51

    7. Conclusion and Limitations. ...... 56

    References.... 60

    Appendix.... .. 65

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    1. Introduction:

    Islamic finance has become a widespread hot topic, and even more heard since the storm

    of financial and economic crisis erupted in the end of 2007. Financial Institutions in the

    oil rich states at the Persian Gulf, thriving emerging nations in South-East Asia and

    African nations, with their large Muslim populations, but also financial centers in the

    Western World rush to take part at the phenomenal 15-20% growth of Islamic financial

    products even in the wake of the recent financial crash. Even banks which are laying off

    their workforce on a large scale are still looking to increase their workforce in the Islamic

    financing business as they hope to tap into this promising niche market. The Islamic

    financial assets size is expected to be between $700bn and $1tn in spring 2009 (Reuters,

    2009).

    Indeed Islamic finance has seen fast growth since 1975, when the first Shariah-compliant

    bank in the world was set up.1 Islamic financial institutions in the last three decades grew

    faster than their conventional counterparts in Muslim nations. The number of Shariah-

    compliant financial institutions has risen to more than 300 institutions operating in 75

    countries till 2008 (Hasan, 2008). A determinant factor for the growth of the Islamic

    finance industry is because it complies with the religious beliefs and also the cultural

    characteristics of societies in Muslim nations (Hamwi & Aylward, 1999). Furthermore,

    the rise in Islamic finance can also be attributed to the rise of the petrodollar income in

    the Middle East (The Boston Consulting Group, 2008). But next to the growth of Islamic

    financial institutions in Islamic countries, Islamic finance has gained ground in

    predominantly non-Muslim nations as well. The United Kingdom and Singapore for

    example opened their doors to become centers for Islamic finance (Akhtar, 2007). There

    it has been noticed that mostly conventional banks have opened Islamic windows, in

    contrast to the Middle-East where there is the tendency to establish stand-alone Islamic

    institutions. The growth of Islamic finance also in non-Muslim countries is due to the

    rising demand of the Muslim population in Western countries and the desire of Islamic

    1 Islamic financing, lead to sustained economic development throughout the Islamic world already duringthe Middle Ages (Grais & Pellegrini, 2006).And in 1963, a small Islamic savings fund started operations inMalaysia. This Islamic institution managed funds for pilgrimages to Mecca (Sol, 2007). Also in 1963 asavings bank, working in line with Islamic principles, in Mit Ghamr in Egypt was founded. But this bankdid not include any reference to Islam or the Shariah in its charter (Chong & Liu, 2007).

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    investors, especially Investors from the Persian Gulf, to diversify their investment

    portfolio geographically while complying with Islamic jurisprudence (Sol, 2007). But

    also more and more non-Muslims find the philosophy of Islamic banking desirable (The

    Boston Consulting Group, 2008). Another argument accrues as well, namely the uneven

    performance of the conventional financial markets, especially in the West (Grais &

    Pellegrini, 2006). Therefore non-Muslim European investors use Islamic financial

    products to diversify their investment portfolio (Oakley, 2009).

    On the one hand it is expected that Islamic finance is going to continue its growth path, as

    Islamic financial institutions will attract 40 to 50% of the total savings of the population

    in the Muslim World already in some years (Dahlia El, Wafik, Zamir, 2004). The

    European Islamic Investment Bank even believes that about 60% of Muslim investors

    will turn to Islamic financial products in the future, compared with 20% in 2009

    (Financial Times, 2009). But on the other hand, further growth may be hindered by

    uncertainty on scholarly views2 on the compliance of Islamic financial products and a

    lack of standardization, which is believed to make Islamic financial products more time-

    consuming to construct and therefore also more expensive (Reuters, 2009). Furthermore,

    agency problems at Islamic financial institutions do deserve separate and special attention

    to enable further growth in the future. Reasons for this special attention arise due to the

    fact that the bankers in Islamic financial institutions are entrusted to maximize

    shareholder value in a Shariah conform way. Islamic financial institutions have different

    operations dynamics and the relationships between the parties involved are different.

    Another reason why agency problems at Islamic financial institutions deserve separate

    and special attention is because of the incredible growth of Islamic financial institutions.

    Also the fact that little empirical research has been done on this subject can be seen as a

    reason why agency problems deserve special attention at Islamic financial institutions

    (Safieddine, 2008).

    This paper takes into account these considerations, particularly of the special agency

    challenges at Islamic financial institutions. Empirical research is conducted on Islamic

    2 Supervisory boards of Islamic financial institutions rely on their own Shariah experts. This may lead tocontradictions of the permissibility of financial instruments in different countries. And this in turn canhamper the cross-border use of Islamic financial products and the growth potential of this industry (Sol,2007).

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    syndicated financings and compared with conventional financings. Differences in the

    structure of Islamic and conventional syndicated loans are researched to find out what

    influences agency effects have. This enables to make conclusions on the dimension of the

    agency problematic. Furthermore a model is built to find out whether Islamic syndicated

    financings are more expensive than their conventional counterparts, by taking into

    account the special structural differences between Islamic syndicated financings and

    conventional syndicated loans.

    As there is no paper, to the knowledge of the author, which conducts empirical research

    on Islamic syndications, this paper will contribute to new insights into Islamic syndicated

    financings. The aim is to show differences which exist between Islamic syndicated

    financings and conventional syndicated loans. This paper will also add value, by finding

    out how far Islamic syndications are affected by the agency problematic, as the empirical

    findings will hint the truth of the agency conflict at Islamic syndicated financings.

    This paper starts by introducing the concepts of Islamic financing and how the different

    Islamic financing modes are structured. Then, the concept of Islamic syndications is

    elaborated. Next, the descriptive research questions on Islamic syndications and the

    hypothesis for the analysis of Malaysian loan spreads are formulated. These include

    research questions about which countries are the source of Islamic syndications and

    which countries are the benefiters. Afterwards the industries which receive financings via

    Islamic syndications are researched. Differences over time in the financings of the

    benefiting industries are researched as well. In regard to the agency problematic, the size

    and maturity of the Islamic syndicated financings, the existence of debt covenants at

    Islamic syndications, the number of participating banks at Islamic syndications and the

    share of the lead banks at the Islamic syndication are researched and compared to

    empirical data on conventional syndications. Finally a hypothesis test for the analysis of

    Malaysian loan spreads is conducted, to find out whether there are differences in the

    spread of Islamic syndicated financings and conventional syndications in Malaysia. The

    hypothesis test further investigates the influence of borrower characteristics, contract

    characteristics and the syndicate structure on the spread. The following paragraph starts

    with an introduction to the concepts of Islamic financing.

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    2. Islamic Financing:

    Shariah compliant finance is a system of prudent lending to reduce risks, to share

    profits and to ban speculations such as the short selling of stocks (Hasan, 2008). The

    Shariah is based on rules by the Quran and the Sunnah, which entails explanations and

    practices rendered by the Prophet Muhammad (Iqbal, 1997). The Islamic financial

    systems are complemented by the explanations of scholars in Islamic jurisprudence

    within the laws and rules set by the Quran and the Sunnah.

    2.1 The Principles of Islamic Financing

    The Islamic financial systems are different in regard to conventional financial systems by

    the means that they entail special principals (Iqbal, 1997). The most widely known

    principal is the prohibition of interest, which rules out the use of debt-based financial

    instruments. Any positive, predetermined and fixed rate that is fixed to the maturity and

    the principal is believed to be riba, which means excess and is therefore prohibited. As

    interest is seen as a cost that is not tied to the achievements in the business it is not seen

    as social, as social justice would mean that rewards and losses would be divided in an

    equitable fashion. This leads to the next principal, the risk sharing. This principal is a

    result of the first principal, the prohibition of interest. As the lenders become investors,

    because they cannot charge interest, they join the productive business. Therefore they

    share risks of the business for the share at the profits. The next principal describes money

    as potential capital as long as it is not invested in productive businesses and therefore it

    is not entitled to the time value of money. The Islamic financial systems recognize the

    time value of money only when money acts as capital at productive activities.

    Materiality is another principle in the Islamic financial system and means that financial

    transactions have to lead to a real economic transaction (Dahlia El, Wafik, Zamir, 2004).

    In addition, Islamic financial systems prohibit gharar3, or speculative behavior, which

    3Gharar means, not knowing the value of the good purchased. Terms of a contract shall be well definedand leave no ambiguity to avoid gharar (Chong & Liu, 2007).

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    incorporates transactions that involve extreme uncertainties and risks. Consequently

    gambling, maysir, for example is forbidden. Another principle is the sanctity of

    contracts. This means that it is a religious duty to stick to contractual obligations and to

    disclose information. This principle has the mean to reduce asymmetric information and

    the moral hazard problem. The next principle is the prevention of exploitation of any of

    the parties involved in a transaction. And as a last principle, the financing deals shall not

    finance sinful activities such as the production of alcoholic beverages. Finally, only

    those investment activities can qualify to be Shariah compliant which comply with the

    above mentioned laws and rules of the Shariah and the Sunnah.

    The difference of an Islamic financial system to a conventional financial system is that

    equal emphasis is placed on ethics, moral, social and religious dimensions contrary to the

    sole focus on economic and financial aspects (Iqbal, 1997). So the Islamic financial

    system has the noble goal to foster fairness and equality in the society. And this Islamic

    system acts for risk sharing, entrepreneurship, individuals rights and duties, property

    rights and the importance of contracts while discouraging speculative behavior (Iqbal,

    1997).

    But it has to be mentioned that there is no uniform Islamic financial system. The

    explanations of scholars in Islamic jurisprudence within the laws and rules set by the

    Quran and the Sunnah differ enormously. The al-Azhar University, the well respected

    theological centre for Sunni-Islam in Egypt, for example has issued a fatwa which states

    that interest is not always riba or usury (Tripolipost, 2008). Returns which are not

    excessive but prespecified by lenders are permissible if there is a mutual agreement and if

    it brings in the advantage to reduce uncertainty. But this argument is of course very

    disputed, as a fixed return for the financier is much disputed under Islamic law.

    And nor do common Islamic financial instruments conform to the principle of profit-and

    loss-sharing (Rajesh, Amos, Tarik, 2000). Islamic financial products are mostly very debt

    like in essence and based on the markup principle. This is seen as rational responses of

    the Islamic financial institutions to the environments in which they operate, which are

    financial markets that are characterized by high degrees of imperfect information and

    rent-seeking behavior. Financings according to the profit-and-loss-sharing principle

    would entitle the financing provider to be compensated at the profits but also the losses of

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    The examples of Islamic financial instruments in table 2.1 are not full fledged. Islamic

    financings entail the freedom of contracts, which enables almost infinite forms of

    financial instruments and transactions (Khan & Mirakhor, 1990).

    2.2.1. The Profit-and-Loss-sharing Modes

    Mudarabah and Musharaka financing can be seen as equity investments and therefore

    represent the profit-and-loss-sharing principle. The financiers are entitled to share profits

    (or losses) of the borrowers business, settled on a ratio based on the contractual

    agreement. The rate of profit is determined as a percentage and not as a lump-sum

    payment. Financings based on the profit-and-loss-sharing mode cannot claim collateral or

    other guarantees that would reduce the credit risk for the lender (Sundararajan, V. &

    Errico, L., 2002). But banks, even though they have no legal means, have direct and

    indirect control over the borrower. Further credits could be declined in the future and the

    credibility and reputation of the borrower is at stake, which is a strong point in Islamic

    ethics (Khan & Mirakhor, 1993). The main problem for profit-and-loss-sharing

    instruments is how to hold the borrowers accountable to the Islamic lender, while

    maintaining the borrowers freedom, incentives and the control over the business project

    (Dar & Presley, 2000). On the other side, profit-and-loss-sharing instruments are

    generally seen as stable. This is due to the reason that the term and structure of the

    liabilities and the assets are systematically matched through profit sharing arrangements

    and since no fixed interest rates mount up and as no refinancing via debt is possible

    (Iqbal, 1997). Furthermore, allocations are supposed to be efficient as the investment

    possibilities are scrutinized on their productivity and the rate of return.

    Under the Mudarabah financing mode, the sole capital provider to finance a project is the

    bank. So in case of a financial loss the financial institution bears all losses. The

    borrowing company on the other side offers its labor and expertise. So the managing

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    company has complete freedom to manage the business.4 Only in case of negligence or

    mismanagement, the borrowing company can be made responsible for the resulting

    financial losses. However the capital provider is permitted to supervise the business-

    project (Sundararajan, V. & Errico, L., 2002). The borrowing company is compensated

    by a stake in the profits of the project (Hamwi & Aylward, 1999). Usually Mudarabah

    modes are utilized to finance projects with a short duration in trade and commerce. The

    Musharaka mode of financing resembles venture capital. The financial institution is not

    the sole provider of the investment. Other partners, such as the borrowing company for

    example who form the partnership, provide capital to finance the project as well. The

    profits are shared in the relation to the capital contribution. Lenders can participate in the

    management of the borrowing company. Voting rights can also be exercised according to

    the share at the borrowing companys equity capital. The Musharaka mode of financing is

    more utilized to finance projects with a long duration (Sundararajan, V. & Errico, L.,

    2002).

    Profit-and-loss-sharing contracts in general need special risk considerations from the

    investor side, as the credit risk is shifted from the Islamic financial institution to the

    investment depositor. The profit-and-loss-sharing contracts are more complex and need

    to determine the profit-and-loss-sharing ratio. Mudarabah contracts for example give the

    financiers no possibility to control the borrower-agent who manages the business. The

    borrowing company has free hands to run the business to their best judgment. Musharaka

    contracts enable the financiers better monitoring opportunities of the borrowing entity, as

    they have more influence on the management and may exercise voting rights. In addition

    it should be noted that in case of losses, part of the loss is absorbed by the borrower. Also

    the interest rate risk does not apply for profit-and-loss-sharing financing modes. But the

    question is whether this can absorb the special risks of this mode of financing. Another

    risk is the operational risk which becomes crucial for investments based on the profit-

    and-loss mode. This is due to the special activities that the Islamic financial institution

    has to perform internally to ensure the monitoring of the investment process and the

    compliance to the institutions Islamic investment policy. Operational risk may also arise

    4 Mudarabah financings are structured usually as unit trusts, limited partnerships or as limited liabilitycompanies (Hamwi & Aylward, 1999). Venture capital financing represents a modern example ofMudarabah in the Western world (Dar & Presley, 2000).

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    due to the non-standardization of Islamic financial products and due to the lack of a

    reliable and efficient Shariah litigation system that enforces financial contracts. Dar and

    Presley (2000) mention that laws in most Muslim nations hinder the adaption of profit-

    and-loss sharing modes by prohibiting Islamic banks to take controlling rights in

    borrowing firms in two ways: First, by making controlling very costly, second, the

    controlling blocks in the borrowing firms in Muslim nations are structured so that the

    managers of the borrowing company control the decision making. In addition,

    Mudarabah contracts are in general hostile towards investors. Therefore reforms in the

    banking regulations would be required to balance the control between financiers and

    managers.

    2.2.2. The Mark-up Modes

    Financing modes under the markup principle allow in contrast to financings according to

    the profit-and-loss-sharing modes to calculate the return as a fixed percentage of the total

    investment. But legally even the markup mode contracts do not exhibit a fixed negotiated

    rate of return, as guaranteed returns are un-Islamic. Markup financing modes even give

    the possibility to request a pledge for collateral from the borrower. Generally, markup

    instruments of Islamic financial institutions resemble instruments of conventional

    financial institutions most of all (Dhumale, R., & Sapcanin, A., 1998).

    Murabaha and Ijara are based on the markup principle and are historically based on

    commercial trade activities. In the Murabaha mode of financing a markup is negotiated

    between a buyer and a seller, whereby the seller informs the buyer about the true cost for

    acquiring or producing the specified product. The agreed sum is usually paid in

    installments. The Ijara mode of financing can be translated as Leasing. So a product is

    leased for a specified time and a specified sum. Also a lease purchase mode exists which

    is called Ijara wa Iqtina. Here the installments include a portion toward the final

    purchase of the product and consequently the transfer of ownership of the product

    (Sundararajan, V. & Errico, L., 2002). Payments to the investors generally depend on the

    rent or profits of the leaseholder (Oakley, 2009). This is an important point, which gives

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    Ijara financings its Islamic credibility. Advantages of Ijara financings are the access to

    finance with low credit requirements. Furthermore, no collateral is required, as the

    ownership of the leased assets is initially not transferred to the borrower. In addition the

    transaction costs are low. So Ijara provides a source for long-term financings (Hamwi &

    Aylward, 1999). Another advantage of Ijara financing is that the client doesnt need an

    initial large capital, and can pay for the services of the asset by its operating income

    (Ebrahim, 1999).

    Islamic Investment modes based on the markup principle are more similar to

    conventional financing modes, but entail also special risks. But generally financings

    based on the markup principle carry less risk than financings which are based on the

    profit-and loss-sharing principle. The interest rate risk affects only indirectly through the

    mark-up. Ijara contracts for example do not allow the Islamic financial institution to

    transfer substantial risks and rewards of the ownership to the leaseholder, because the

    Islamic financial institution has to hold the leased assets on its balance sheet for the time

    of the lease (Sundararajan, V. & Errico, L., 2002).

    2.2.3. Sukuk

    The Sukuk is an Islamic bond which is asset based. This means that the investor owns an

    undivided interest on a real tangible asset and receives a proportionate investment return

    on that asset. The Sukuk can be designed as a profit-and-loss-sharing instrument or a

    markup instrument (Iqbal, 2007). But Sukuks have turned to be mainly an Ijara structure.

    Scholars from the Bahrain-based Accounting and Auditing Organisation for Islamic

    Financial Institutions have banned Musharaka and Mudarabah modes as structures for

    Islamic bonds. In February 2008, these two structures were declared to break Islamic law,

    as investors were offered the possibility of a repurchase undertaking under these

    structures. This means that the issuer had to guarantee to pay back the face value of the

    bond when it matured or in case of default (Oakley, 2009).

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    2.3.Islamic Syndicated Finance

    In this paragraph, first a general introduction on syndicated loans is provided, and then

    the concept of Islamic syndicated financings and differences to conventional syndicated

    loans are explained. Finally the structure, how the parties involved in an Islamic

    syndication deal with each other is elaborated.

    The basic idea of syndicated loans is to pool resources to finance large transactions, while

    reducing the risks for the finance providers. Therefore a group of banks jointly arrange a

    loan. The risk reduction is due to the ability of the financiers to invest in more projects as

    the investment size is reduced, whereby they can diversify their investments more

    effectively. A syndicate typically includes one or a few lead banks, which assess the

    borrower quality and which negotiate the terms and conditions of the contract.

    Furthermore the lead banks prepare the information memorandum for the participating

    banks, which have to decide then how much of the syndicate loan to invest in. After the

    deal is signed, the deal agent, which is often one of the lead banks, has the responsibility

    to monitor the borrower, whether the borrower complies with the loan covenants and to

    negotiate with the borrower and the lenders in case of default. To retain the incentives of

    the lead banks to properly monitor post-signing the contract, the lead banks usually retain

    a share of the loan in order to signal the quality of the specific syndicated loan. (Giannetti

    & Yafeh, 2009).

    Islamic syndicated financings are based on Islamic rules and laws which are referred to as

    Shariah compliant.The syndicated Islamic finance market has seen noticeable growth

    in the last years. In 2007 there were about 28 syndicated Islamic finance deals which

    summed up to a total value of $15.2 billion (Iqbal, 2007). It is also often the case that

    Islamic financing is pooled in alongside conventional finance and is pari passu with other

    senior debt (Akhtar, 2007). The main distinguishing features of Islamic syndications are

    that the returns are not structured as interest income and that generally returns to the

    investors are not guaranteed as it is required by the Shariah. The conformity of

    syndicated financing deals to the Shariah is ensured by using eligible Islamic financing

    modes, as described in the paragraphs above. Most Islamic financial instruments are

    qualified for syndications, but Murabaha and Sukuk are the most widely used ones.

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    Another distinguishing point between Islamic syndications and conventional syndications

    is that in the opinion of many Islamic scholars the lead arranger has to sell the debt

    down at par and not at discount or at a premium. In conventional syndicated loans, the

    lead bank sells the debt further to other banks and this might also be at a discount or at a

    premium. But the lead arranger for an Islamic syndication is allowed to take an

    administration or management fee for the arrangement of the syndication process. Except

    for the distinguishing points explained above, syndicated Islamic financings are very

    similar to their conventional counterparts. A detailed description of how the different

    stakeholders of Islamic syndications are involved with each other follows next.

    Graph 2.3: Syndicated Islamic Finance (Source: Iqbal, 2007)

    The Islamic financial instrument for an Islamic syndicated financing is provided by the

    lead bank to the obligor (Graph 2.3). The lead bank will set up an investment agency

    agreement (IAA) with the participating banks in the syndicate. Usually the lead bank is

    Wakeel

    (Lead Bank)

    Muwakkil Muwakkil Muwakkil

    Obligor

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    part of the syndicate as well. The lead bank acts as a Wakeel or agent, the participating

    banks in the syndicate are called the Muwakkils or principals. While the Muwakkils

    provide the funds, the Wakeel is the managing agent of the funds. The Wakeel has the

    obligation to monitor and manage the transaction and to keep the direct contact with the

    obligor, as the Muwakkils only have a direct relationship with the Wakeel and not the

    obligor. The IAA specifies the conditions for the participation in the syndication, but

    stipulates also the purpose for which the capital provided by the Muwakkils can be used.

    So the IAA determines the rights and obligations of the parties involved in the

    syndication (Iqbal, 2007).

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    3. Descriptive Research Questions:

    This paper has the objective to fill the empirical gap on Islamic syndicated financings, as

    Islamic financings in larger dimensions are relatively young. Therefore, first a descriptive

    research on the characteristics of the Islamic financings, based on the data of all

    syndicated loans from the time period between January 1995 and October 2006 will be

    conducted.5

    These characteristics will then be compared with conventional syndicated

    loans. Also differences in between this time period will be researched. The results on the

    structural characteristics of Islamic syndicated financings provide answers on the true

    dimension of the agency conflict and the structural tools used to reduce agency costs. The

    following part will discuss research results of different authors on general Islamic

    financial instruments or general syndicated loans. These discussions might hint what

    research results to expect for Islamic syndicated financings and help to formulate the

    research questions on Islamic syndicated financings.

    First, this article will conduct a descriptive research on multiple features of Islamic

    syndicated financings. The first characteristics which will be evaluated for the descriptive

    research are based on the lenders and the borrowers of Islamic syndicated financings.

    Where are the funds of Islamic syndicated financings coming from? Are the oil rich

    Persian Gulf states the source of Islamic syndicated financings? The Boston Consulting

    Group (2008) argues that the growth of Islamic finance can be attributed to the

    accelerating wealth of the petrodollar-rich Persian-Gulf states. And which countries are

    receiving these funds? It seems most probable that countries with Muslim populations are

    the main target for Islamic syndicated financings. The article Turning towards Mecca

    (Economist, 2008) argues for example that Islamic finance with funds from the Persian

    Gulf states is also flowing towards Islamic countries in Africa. But funds might also flow

    towards Western countries, to enable Persian Gulf investors to diversify their investment

    portfolio geographically while complying with Islamic jurisprudence (Sol, 2007). These

    thoughts lead to the following research questions:

    5 This time period starts with the emergence of the first Islamic syndicated financings and ends before anyeffect of the financial crisis, which emerged in 2007, to affect the research.

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    1) Research Question: Where are funds of Islamic syndicated loans coming from?

    2) Research Question: Which countries are receiving the funds of Islamic syndicated

    financings?

    The next characteristic which is to be explored is the industrial distribution of the Islamic

    syndicated financings. Generally, the majority of Islamic financial transactions are

    directed away from agriculture and industry towards retail and trade finance (Rajesh,

    Amos, Tarik, 2000). This is because these involve fewer risks for the lending institutions.

    Islamic financings have the characteristic to be concentrated on short-term trade, retail,

    finance and service sector financings than on the capital intensive industrial sector

    (Hamwi & Aylward, 1999). But as Islamic financings are expected to profit emerging

    nations in Muslim nations, the financing of infrastructure projects should see a rising

    trend as the paper Infrastructure project finance and capital flows: A new perspective

    (Dailami and Leipziger, 1998) would suggest. There are opportunities for Islamic

    infrastructure financings, especially in power and telecommunications projects. But also

    projects in transportation and utilities are becoming more important. The growth in

    demand for investments in these sectors has increased due to the privatization drive of

    many governments and the difficulties these large projects face to mobilize funds for

    these large-scale projects. Traditionally governments had been the source of funds for

    infrastructure projects, but governments have to adapt to tighter budget constraints.

    Furthermore the limited recourse project financing structures fit well in the Islamic

    financing modes as they are in line with Islamic law at a general level because they are

    asset based and socially valuable (Hamwi & Aylward, 1999). This paper will research the

    business areas where Islamic syndicated financings have been provided for in the time

    between January 1995 till October 2006 and whether there are changes during time.

    3) Research Question: Towards which industries are Islamic syndicated financings

    directed to? And are there changes over time?

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    Next, the structure of Islamic syndicated financings shall be researched. For the structure

    of syndications, the agency problem and information asymmetries play an important

    factor. In general, Islamic financing is different than conventional financing as the

    lenders face different risks, even though Islamic financing resembles conventional

    lending (Chong & Liu, 2007). Grais & Pellegrini (2006) argue that the agency problem

    for Islamic financial institutions is not only due to the separation of ownership and

    control, which is the common agency problem that conventional syndicated loans face,

    but agency problems hit Islamic financial institutions also due to the separation of

    depositors and investors cash flows and control rights (Grais & Pellegrini, 2006).

    Agency problems for Islamic financial instruments, resulting from non-compliance to

    Shariah regulations and resulting from poor transparency, can affect Islamic banks

    credibility and its ability to attract investors (Chapra and Ahmed, 2002). Safieddine

    (2008) states that most Islamic banks understand the importance of incorporating

    corporate governance mechanisms. But deficiencies in the actual corporate governance

    system are observed.6

    Especially profit-and-loss-sharing instruments are exposed to agency problems.

    Compared to a self-financed manager, borrowers of profit-and-loss-sharing instruments

    have less incentive to bring in effort and have more incentive to report less profit. In

    addition, the lenders role in the management is restricted and doesnt facilitate

    participation in the management (Dar & Presley, 2000).7

    To mitigate agency problems for syndicated loans, there are specificities in the structure

    of these loans. Sufi (2007) finds out that the lead banks hold a larger share of the

    syndicated loans and that the syndicate is more concentrated, when information

    asymmetry requires more intensive monitoring and due diligence of the borrower. Sufi

    (2007) also finds out that in case that the information asymmetries are very large, if the

    6

    It is for example not common yet for Islamic banks to have a governance committee, an audit committeeor clear internal audit functions. As this leads to a financial reporting process which is not sufficientlymonitored, this leads to agency problems (Safieddine, 2008).7 There are also other reasons, which are not related to the agency problem, why Islamic markup modes arepreferred to profit-and-loss sharing modes of Islamic financings: Financings which are more debt-likeenjoy tax advantages. Profits are taxed, but interest (regarded as a cost) is exempted. Furthermore, propertyrights are often not well defined and protected in many Muslim nations. But well-defined property rightsare an inalienable requirement for profit-and-loss-sharing contracts. Another reason is that financialproducts which are based on the profit-and-loss-sharing mode have the disadvantage that there is nosecondary market to enable financial institutions to trade those (Dar & Presley, 2000).

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    borrower is informationally opaque, participant banks are closer to the borrower, by

    geographical means and by the means of previous lending relationships. Giannetti &

    Yafeh (2009) have evaluated how cultural differences affect syndicated loans. They find

    out that the share of participant banks are smaller as the cultural distance is higher. In

    addition, the larger the cultural distance between the lead bank and the borrower, the

    larger the share of the lead bank, as cultural differences reduce risk sharing within the

    syndicate.8

    There are several reasons for these results. The first one is information

    asymmetry. The closer the culture is, the lower the cost of information gathering, as

    lenders consider borrowers from a distant culture more risky. Another reason might be

    the higher transaction costs for culturally distant lenders.9 And finally another argument

    might be a taste-based discrimination which arises due to a negative perception because

    of the cultural differences between borrowers and lenders (Giannetti & Yafeh, 2009).

    These considerations on the one hand mean that Islamic syndicated financings should

    exhibit larger shares of the lead banks, as their agency conflicts seem especially great. On

    the other hand the gap of cultural differences between Islamic borrowers and lenders is

    not very clear until now. Cultural closeness between lenders and borrower could mean

    that a larger share of the lead banks is not required anymore. Cultural distance between

    lenders and borrower could lead to even increased shares of the lead banks. These

    considerations lead to the following research question, which might hint about the

    urgency of the agency problem and the gap of cultural differences between borrowers and

    lenders at Islamic syndicated financings.

    4) Research Question: Are the shares of lead banks at Islamic syndicated financings

    larger than in conventional syndicated loans?

    In the context of Islamic syndicated financings, the loan maturity is an important measure

    of the agency problem and the perceived asymmetric information. A shorter maturity can

    8 Regarding the quality of the borrower there is an information asymmetry between the lead banks and theparticipating banks. The more severe the information asymmetries and the agency problems the larger theshare of the loan, the lead banks have to retain. This in turn limits the lead banks ability to diversify theirinvestments (Giannetti & Yafeh, 2009).9 The higher transaction costs may arise due to difficult communication, from difficult co-ordinationbetween individuals of different cultural backgrounds and from conflicts that arise due to the differences innational cultures (Giannetti & Yafeh, 2009).

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    be interpreted as a contracting tool, in case the borrower is perceived to have high default

    probability (Giannetti & Yafeh, 2009). Moreover, Islamic financial institutions do have a

    preference to finance short-term investments due to the regulations of Islamic financial

    systems or the practice of Islamic financial institutions (Rajesh, Amos, Tarik, 2000).

    Islamic financial institutions havent had the abilities to develop well -functioning

    secondary markets for long-term Islamic financial products and the missing of qualified

    market makers are also reasons why Islamic financial institutions have been limited to

    invest in long-term projects (Dahlia El, Wafik, Zamir, 2004). Therefore, the next research

    question is concerning the maturity of Islamic syndications in comparison to

    conventional syndication. All arguments hint that the Islamic syndications should exhibit

    shorter maturities than their conventional counterparts.

    5) Research Question: Do Islamic syndicated financings exhibit shorter maturities than

    conventional syndicated loans?

    And also loan covenants are important measures of the agency problem and the perceived

    asymmetric information. As Islamic financing involves risk sharing, there are tighter

    controls from the side of the Islamic financial institutions. And because Islamic

    syndicated financings are mostly structured as markup-modes and less as profit-and-loss-

    sharing modes, there is no right of control, which might strengthen the requirement for

    debt covenants, especially for financial debt covenants. This leads to the next research

    question, which explores whether more Islamic syndications exhibit financial debt

    covenants than conventional syndications.

    6) Research Question: Do more Islamic syndicated financings exhibit financial debt

    covenants than conventional syndicated loans?

    Information asymmetry can also mean that the syndicate is more concentrated to be better

    able to monitor the borrower. As the Islamic financial system is not as developed as the

    conventional banking system and as the number and size of Islamic financial institutions

    is limited, it seems also probable that there are fewer banks engaged in Islamic syndicates

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    than in conventional ones. Therefore the next research question is concerning the number

    of participating banks in an Islamic syndication in comparison to a conventional

    syndication.

    7) Research Question: Are there fewer participating banks in Islamic syndications than in

    syndicated loans?

    Another tool to limit effects of agency problems and information asymmetry is the

    limitation of the size of the loan. Giannetti & Yafeh (2009) for example, find out that

    culturally distant borrowers are offered smaller loans, as they exhibit larger agency

    problems and information asymmetries compared to culturally closer borrowers.

    Therefore the next research question examines the size of the Islamic syndicated

    financings in comparison to the conventional syndicated loans.

    8) Research Question: Are Islamic syndicated finances smaller than conventional

    syndicated loans?

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    4. Analysis on Loan Spreads of Malaysian Syndications:

    In this section, an OLS regression model with determinants of loan pricing for Islamic

    and non-Islamic loans in Malaysia is built to find out whether Islamic syndicated

    financings are more expensive than conventional syndications and whether specific

    attributes of Islamic and non-Islamic syndicated loans influence credit spreads. This

    analysis is based on the model used by Ivashina (2009) in her article Asymmetric

    information effects on loan spreads. The time period evaluated is again, as it is the case

    for the descriptive research, between 1995 and October 2006. The research will focus on

    Malaysia, one of the most developed markets for Islamic banking products, which

    exhibits an Islamic banking system next to the existence of the conventional banking

    system. The choice for one single country allows for a more accurate comparison

    between Islamic syndicated financings and conventional syndicated loans.

    Empirically, to the knowledge of the author, there is no literature on the research

    question, whether the spreads on Islamic syndicated financing are priced differently than

    conventional syndicated loans. But there is literature on the pricing of Islamic financial

    instruments in general. This question entails the important issue of corporate governance.

    In the discussion of corporate governance, the fundamental problem is concerning the

    agency problem, which results from the separation of ownership and finance or control

    (Shleifer & Vishny, 1997). Therefore the main objective of shareholders value based

    corporate governance is to develop incentives for managers to pursue the incentives of

    the shareholders (Grais & Pellegrini, 2006). When there is a shift from shareholder value

    maximization to aggregate welfare maximization of stakeholders, as is the case for

    Islamic financings, the managerial incentives are difficult to design (Tirole, 1999).

    Reputational risk evolves for the whole Islamic financial industry if individual Islamic

    institutions do not comply with the Islamic jurisprudence. Therefore, Islamic financial

    institutions incorporate corporate governance structures and processes which shall ensure

    the Shariah compliance to reassure all the stakeholders (Grais & Pellegrini, 2006).10

    10 The most applied method for Shariah compliance reassurance are certifications by independent bodies.Furthermore a Shariah Supervisory Board is part of the internal corporate governance structure of theIslamic financial institutions to give advice on Shariah conformity. Shariah Supervisory Boards deal withfive corporate governance issues, namely the independence, confidentiality, competence, consistency and

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    Islamic financial institutions are exposed to cash-flow risk that might erode the capital

    base of Islamic banks. Negative deviations from promised liability at a conventional bank

    are absorbed by its equity. In Islamic banks depositors are not guaranteed their deposits

    or any profit (Ebrahim, 1999). This might lead depositors to take away their money when

    markets are not promising. Therefore Islamic financial institutions and Islamic financial

    instruments have a different risk pattern than conventional financial institutions and

    instruments (Ariss, 2009). Syndicated loan lenders, as described by Giannetti & Yafeh

    (2009), are associated with asymmetric information and moral hazard problems. All these

    research results therefore hint that Islamic syndicated loans are priced differently than

    conventional syndicated loans.

    Better corporate governance enables corporations to extend financing to a business and

    enables a lower cost of capital. Islamic scholars might argue that Islamic financial

    instruments enable better corporate governance, as Islam obliges stakeholders to engage

    ethically. But the sticking of stakeholders to Islamic ethically correct principles cannot be

    taken for granted. Islamic financial institutions suffer from breaches of fiduciary

    responsibilities and from effects of asymmetric information as much as conventional

    banks do. Scandals in Islamic banking look very much the same as for conventional

    banking scandals, such as audit failure, collusion of the board with the management,

    excessive risk taking or imprudent lending. Furthermore the Islamic financial industry

    does raise specific challenges for the corporate governance, which do not hold for the

    conventional financial industry. One example is the confidence keeping of the

    stakeholders of the compliance of the institutions activities with the Islamic rules and

    ethics (Grais & Pellegrini, 2006).

    But the more perceived agency problems are, the larger their effects on the Islamic

    syndicated financing contract, entailing the cost of the financing. Differences in

    perceived risk can also be attributed to cultural differences between borrowers and

    lenders, which lead to differences in the spread of Islamic and conventional syndicated

    loans. The loan spread is in general lower if borrowers and lenders share the same

    disclosure. Except for Iran, where the Shariah compliance is monitored and guaranteed by the central bank,Shariah Supervisory Boards exist in all Islamic countries. Further, centralized Shariah Supervisory Boardsare used in many Islamic countries for ex-ante monitoring, which develops further the standardization ofShariah operations, and ex-post monitoring of the Shariah conformity (Grais & Pellegrini, 2006).

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    religion and are culturally closer (Giannetti & Yafeh, 2009). So this would mean that

    syndicated Islamic financings should be more expensive for a borrower in the Middle

    East, if the lead lender of the syndicate is a Western bank than compared to an Islamic

    financial institution from the Middle East as a lead lender. Safieddine (2008) points out

    that there are also conflicts between some agency mitigating mechanisms and the Shariah

    law. This could lead to higher costs for Islamic financial instruments. Others argue that

    the margins for Islamic banks would be larger, due to the piety premium which also

    other ethical investment products possess (Hasan, 2008). Also the Tripolipost (2008)

    mentions, that Islamic product are regarded as more expensive, as clients have to pay a

    premium on Islamic financings. But Akhtar (2007) mentions that tranches of Islamic

    financings, which are incorporated within a multi-sourced financing offering, are priced

    competitively.

    This paper will research whether Islamic syndicated financings are more expensive,

    based on the credit spreads founded on data of syndicated loans for Malaysian borrowers.

    Since there is a huge difference in the risk pattern, which can enhance information

    asymmetries and the agency problems and because there might be a cultural distance

    between borrowers and lenders and since Islamic syndicated financings might include a

    piety premium, it is hypothesized that the spreads for Islamic syndicated financings are

    higher than for conventional syndicated loans.

    Hypothesis: Islamic syndicated financing spreads are higher than spreads for

    conventional syndicated loans.

    The method to test this hypothesis will be based on the model used by Ivashina (2009) in

    her article Asymmetric information effects on loan spreads. As in the article of

    Ivashina (2009), the determinants of the loan pricing in this statistical test are based on

    borrower characteristics, contract characteristics and the relevant characteristics of the

    syndicate structure. The borrower characteristics are determined by the respective credit

    ratings.11 Contract characteristics might include the maturity, the deal size and the

    existence or not-existence of financial covenants. Characteristics of the syndicate

    11Borrowers which do not exhibit a published rating will be classified as Not -Rated.

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    structure might be the size of the lead-banks share or the number of participating banks.

    Furthermore the source of the funds may play a relevant role, as cultural distance might

    have a negative effect. Relevant contract characteristics and characteristics of the

    syndicate structure for the statistical test are determined in the descriptive research.

    Since financings according to the profit-and-loss sharing principle do not exhibit fixed

    spreads, the research can only take into account data given from deals based on the

    markup-pricing principle. But it is important to note again that Islamic financial

    instruments exhibit skewness towards markup pricing instruments. According to the

    article Islamic Banks and Investment Financing (Rajesh, Amos, Tarik, 2000), the

    markup-principle is the most widely used financing structure in Malaysia and other

    Muslim countries with a dual banking system, such as Egypt or Jordan. And also in Iran,

    where the banking system is entirely Islamic the majority of Islamic financial instruments

    are based on the mark-up principle. Furthermore, this trend has even increased for all

    these countries over time.

    Markup-pricing in this research is determined for syndicated financings where the base

    rate & markup is either fixed or based on the LIBOR plus a markup. The pricing

    difference will be based on the difference of the markup on the base rate or the LIBOR.

    Of course there are also other factors than the spread which will determine the total cost

    of the financing. The comprehensiveness of the regulatory framework and the provision

    of the necessary legal framework could be reasons why Islamic financing becomes more

    or less expensive than conventional financing. The provision of tax exemptions and the

    provision of complete value chains of Islamic financial products in the markets can have

    an important effect on the total Islamic financing costs (islamicfinanceasia.com, 2008).

    But it is assumed that there are no disadvantages for Islamic syndicated financings

    compared to their conventional counterparts in Malaysia, as the Islamic banking industry

    tends to appear and grow there, where legal and tax hurdles are paved, as it happened in

    Malaysia. Furthermore, the considerations about differences of the regulatory and legal

    framework are less important in this paper, as this research is conducted on a single

    country, namely Malaysia and as all Islamic syndicated financings have to cope with the

    same regulatory and legal framework.

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    The consideration to conduct this research only on Islamic syndicated financings and

    conventional syndicated loans from Malaysia has several reasons. The first reason is that

    Malaysia exhibits the conventional and the Islamic banking system, which makes an

    accurate comparison between the two systems possible. The article of Ainley, M. &

    Mashayekhi, A. & Hicks, R. & Rahman A. & Ravalia, A. (2007) points out, that there is

    variation in Islamic banking practices among countries and jurisdictions. And these

    differences are not only due to differences of interpretation of Islamic scholars but also the

    level of industry development and the regulatory framework. This means that comparable

    differences in Islamic banking are better done between very similar countries, which would

    increase the difficulties to compare the results among different Islamic nations. Furthermore,

    Malaysia exhibits one of the most developed banking systems in the Islamic World and

    also in the database used for this research, Malaysia is found to be by far the largestmarket for Islamic syndicated financings. As this research is done on Malaysian Islamic

    syndicated financings, the next paragraph shortly introduces the banking system in

    Malaysia.

    4.1 The Banking System in Malaysia

    Malaysia with its dual banking system, which facilitates the co-existence of Islamic and

    conventional banking systems, provides a unique opportunity to compare Islamic

    financing with conventional financing. Malaysia is reportedly one of the largest Islamic

    financing hubs in the world (Sol, 2007). To achieve this position, regulatory premises

    were set with the establishment of the Islamic Banking Act in 1983 (Chong & Liu, 2007).

    So for example, the central bank of Malaysia gives tax breaks for Islamic products.

    Furthermore rules were relaxed to allow commercial and investment banks to carry out

    Islamic business transactions in foreign currencies. Malaysia, like several other countries

    has introduced a central Shariah board in its regulatory systems (Hamwi & Aylward,

    1999).

    Today there are 17 Islamic banks in Malaysia, including the Islamic windows of large

    conventional banks, such as HSBC Holdings Plc, Oversea-Chinese Banking Corp. and

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    Standard Chartered Plc (Bloomberg, 2009). Islamic banking modes have often been

    criticized to resemble debt, especially in countries with a dual banking system. Chong &

    Liu (2007) argue, especially in the case of Malaysia, that next to the severe agency

    problems which Islamic financing modes create, competition from conventional banking

    might be a reason why Islamic financing modes resemble debt instruments.12

    The ability

    to maximize the risk-adjusted returns on investment and the ability to sustain stable and

    competitive returns, ensure that Islamic financial institutions stay competitive against

    their conventional peers (Chong & Liu, 2007).

    12 Islamic banks, sticking to the profit-and-loss sharing principle, would face withdrawal risk as a resultof a lower rate of return for depositors than the rate of return competitors pay (Chong & Liu, 2007).

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    5. Data Selection:

    The data source for this Master thesis stems from the LoanAnalytics (former Loanware)

    database, which contains detailed information on the whole population of loan facilities.

    The data population from 1995 up to October 2006 was kindly placed at the disposal of

    mine by Dr. Stefanie Kleimeier, Associate Professor of Finance at Maastricht University,

    as the research source for this Master thesis.

    5.1 Data Selection for the Descriptive Research Questions

    For the descriptive research questions all worldwide Islamic syndicated financings from

    1995 till October 2006 were selected. Islamic financings were separated from the other

    financing facilities by two ways. First all facilities which were described as Islamic

    financings by the information contained in the LoanAnalytics database on the loan

    facilities. Second, facilities which have no remarks to be Islamic financings were treated

    as Islamic financing facilities if the facility contained at least one participating financial

    institution which conducts its business exclusively in an Islamic compliant manner.13

    And

    also if the borrower is a solely Islamic financial institution, the facility is treated as an

    Islamic financing facility. The reason is that Islamic financial Institutions are only

    allowed to lend and borrow in an Islam compliant way (Chong & Liu, 2007).

    Furthermore the question arises whether loans to Iranian companies in Iran, the only

    country in the database which exhibits a solely Islamic banking system14, by foreign

    financial institutions are automatically Shariah compliant. But even though the borrowing

    companies are mostly state owned enterprises, the loans from abroad are not

    13 Especial attention has to be paid to Iranian banks, as they are often seen as Islamic financial institutions,as the Islamic banking regime in Iran may induce. But the LoanAnalytics dataware shows that often Iranianbanks, which lend money from branches abroad to international borrowers, do mostly not follow Islamicfinancing modes.14 Only Sudan had introduced a wholly Islamic banking system as well. Sudan promulgated the fullIslamization of its financial system in 1992. But since January 2005, the time when the Sudanesegovernment and the former Christian opposition group Sudan Peoples Liberation Movement (SPLM) havesigned a peace agreement, conventional banks are allowed to work in Sudan again (Sol, 2007).

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    automatically Shariah compliant (Shafizadeh, 2008).15 Therefore in this research,

    borrowings by Iranian companies from foreign financial institutions (if the deal is

    arranged at least by one foreign financial institution) are only assumed to be Shariah

    compliant if this information is contained in the LoanAnalytics database. But for Iranian

    banks, not borrowing via a branch abroad, any borrowing is assumed to be Shariah

    compliant, as these institutions have to comply with the Islamic banking system inside

    the country.

    5.2 Sample Characteristics for the Descriptive Research Questions

    The sample includes all worldwide syndicated Islamic financings. The final sample size

    consists of 175 Islamic syndicated financing deals from 1995 till October 2006. For some

    of the descriptive research results the sample size is lower, as specific information

    required is missing on the dataset. But the exact number of deals is given for every

    descriptive research result. The time span ends in October 2006, not to include any effect

    of the credit crisis which followed the following year. The total facility amount of these

    deals in this time span totals about $28.55bn. There is generally an increasing trend

    visible, but there are also several drawbacks visible in the generally positive trend for

    Islamic syndicated financings (Chart 4.2). These drawbacks coincide with the periods of

    the Asian Crisis in 1997, the bust of the economic bubble in the end of 2000 and the start

    of the Iraq War in 2003. The year 2006 exhibits the highest amount ever, invested in

    syndicated Islamic financings, with a record of more than $9.38bn in investments till

    October 2000.

    15 After many years of discussion, foreign lenders, who lend money to borrowers in Iran, have to pay taxeson their interest income. But most financial facilities of foreign lenders entail provisions which require anypayments by the borrower back to the lender to be grossed up of any tax payments attributable to it(Shafizadeh, 2008).

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    Chart 4.2: Investments in Islamic Syndicated Loans from 1995 till October 2006

    5.3 Data Selection & Sample Characteristics for the Loan Spread Analysis of

    Malaysian Syndications

    In order to select the data for the hypothesis test, first all Malaysian borrowers of

    Syndicated loans, Islamic and conventional ones, were selected. As for the descriptive

    research, the LoanAnalytics database is used as the data source. The sample includes all

    Malaysian borrowers from the time period between 1995 and October 2006, where the

    all-in spread was given in the database. In a few cases other important information in

    regard to the determinants of loan pricing, such as the name of the lenders or the maturity

    date of the deal are missing in the database as well. These few cases were excluded too.

    Furthermore the borrower characteristics, which are determinants of the loan pricing, are

    measured by the respective credit ratings of the borrowers. The credit ratings for the

    Malaysian borrowers were found on the websites of the two credit rating agencies in

    Malaysia, Ram Ratings Services Berhard (RAM) and Malaysian Rating Corporation

    Berhard (MARC). If the borrowing company doesnt have a credit rating, it was

    researched whether this company has a mother company which was rated, to eventually

    include this rating as a proxy. Furthermore, it is not always possible to find credit ratings

    for the borrower for the specific year, when the syndicated loan deal was signed. In case

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    there is no credit rating for the time of the deal signing, the credit rating which is closest

    in time is chosen. If there is no credit rating found, the deal is classified as Not Rated in

    the analysis. Data on the syndicate structure and the contract characteristics were found

    on the LoanAnalytics database.

    The sample finally includes a total of 420 Islamic and non-Islamic syndicated loan deals.

    Of these, 32 syndications are Islamic financings. As there are 57 Malaysian Islamic

    syndications for this time period in total, this means that the final sample includes 56% of

    them. Not all of the syndications could be included, as data on the spread was missing in

    these cases. It is important to mention that the 57 Malaysian Islamic syndicated

    financings count for about a third of all 175 Islamic syndications worldwide in the

    researched time period.

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    6. Empirical Results:

    This paragraph presents the results for the descriptive research questions and the outcome

    of the loan spread analysis for the Malaysian syndicate borrowers. First the results of the

    descriptive research questions are presented, and then the results of the regression model

    for the loan spread analysis are provided. For the descriptive research results, countries

    except for Malaysia, which has a very dominant share, are also added up to regions to

    emphasize the dominance of specific regions for Islamic syndications. Furthermore the

    exceptional role for Malaysia continues as Malaysian syndications are taken for the loan

    spread analysis.

    6.1 The receivers of Islamic syndicated financings:

    The first research question investigates the receivers of Islamic syndicated financings. In

    table 6.1.1 the benefiters are categorized in countries. The total tranche amounts for all

    Islamic syndicated financings worldwide, for the time period between 1995 and October

    2006, add up to $28.55bn. The deal count totals 175 Islamic syndicated financings. In

    respect to the tranche amounts, Saudi Arabian borrowers have the lead with $6.67bn of

    Islamic syndicated financings, which means that more than 23% of all the financings

    have been received by Saudi Arabian borrowers. The United Arab Emirates follows with

    $5.90bn of Islamic syndicated financings, which shows that borrowers in the United Arab

    Emirates have gained almost 21% of all the Islamic syndicated financings. Malaysia is

    next with $5.02bn of Islamic syndicated financings which is equal to a share of almost

    18% for Malaysia. Borrowers from Kuwait and Iran are also important benefiters of

    Islamic syndicated financings, and their share of all the Islamic syndicated financings is

    about 12% and 9% respectively. Companies from predominantly non-Islamic nations,

    such as the Netherlands, Kazakhstan, Brazil, the United Kingdom, South-Korea, Italy,

    France, Singapore and the United States have benefited from Islamic syndicated

    financings as well.

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    CountryTranche amount

    ($)Tranche Amount in Percent of

    TotalDeal

    Count

    Bahrain 1.065.167.800 3,73% 8

    Brazil 85000000 0,30% 2

    France 54.300.400 0,19% 5

    Indonesia 370.000.000 1,30% 3Iran 2.630.812.904 9,21% 22

    Italy 100.000.000 0,35% 1

    Jordan 15.000.000 0,05% 1

    Kazakhstan 250.000.000 0,88% 3

    Korea (South) 130.000.000 0,46% 3

    Kuwait 3.475.000.000 12,17% 8

    Malaysia 5.016.268.305 17,57% 57

    Netherlands 750.000.000 2,63% 1

    Oman 260.000.000 0,91% 1

    Pakistan 450.005.580 1,58% 9

    Qatar 139.590.000 0,49% 3

    Saudi Arabia 6.667.200.000 23,35% 11

    Singapore 85.000.000 0,30% 1

    Turkey 834.500.000 2,92% 15

    United Arab Emirates 5.902.000.000 20,67% 17

    United Kingdom 228000000 0,80% 3

    USA 45.000.000 0,16% 1

    Total 28.552.844.989 100,00% 175

    Table 6.1.1: Receivers of Islamic syndicated financings

    Chart 6.1.1 shows the borrowers of Islamic syndicated financings added up in regions, to

    emphasize the most important benefiting regions. Malaysia as explained already above is

    exceptionally left as a single country. The regions consist of the West16

    , the Middle

    East17

    , Malaysia and Others18

    . The chart (6.1.1) shows that 75% of the borrowers of more

    than $28.55bn of investments in syndicated Islamic financings are located in the Middle

    East. Malaysia, as the largest hub for Islamic financings in South-East Asia comprises

    about 18% of all the Islamic syndicated financings in the world. The absorption of capital

    by the West is very limited, but still not neglectable at about 4%. Other borrowers

    comprise 3 % of all Islamic syndicated financings.

    16 The West is defined to entail France, Italy, the Netherlands, the United Kingdom and the United States.17 In this paper, the Middle East is defined as the Greater Middle East which includes Bahrain, Iran, Jordan,Kuwait, Oman, Pakistan, Qatar, Saudi Arabia, Turkey, and the United Arab Emirates.18 The Others entail Brazil, Indonesia, Kazakhstan, South Korea and Singapore.

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    Chart 6.1.1: Receivers of Islamic syndicated financings in % of the total Islamic syndicated financings

    In regard to the deal counts, Malaysia has the lead with 57 out of 175 Islamic syndicated

    financing deals (Table 6.1.1). Iran and the United Arab Emirates follow with 22 and 17

    deals respectively. Saudi Arabian borrowers exhibit only 11 deals, even though they have

    the largest share in Islamic syndications in total amounts. The number of deals therefore

    does not reflect the same outcome as the respective percentages of the investments. Table

    6.1.2 shows well, that comparably loans to Malaysian borrowers are smaller than to

    borrowers in the Middle East. While the average deal size for Malaysian Islamic

    syndicated financings is about $88.0 million, the average deal size for Middle Eastern

    borrowers is about $225.7 million. The average deal size for all Islamic syndicated

    financings is $163.2 million. Western and Other borrowers have average deal sizes of

    $107.0 million and $76.7 million respectively. The reason for these significant

    differences might be the industries that profit from Islamic syndications in the respective

    countries. Malaysian deals for example, overhelmingly invest in the construction

    industry, while Islamic syndications in the Middle East are mostly on very capital

    intensive industries, such as the oil and gas sector, or the utilities sector. A more detailed

    description of the industrial distribution can be found in paragraph 6.3.

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    Number of Deals Total Deal Sum ($) Average Deal Size ($)

    West 11 1.177.300.400 107.027.309

    Middle East 95 21.439.276.284 225.676.592

    Malaysia 57 5.016.268.305 88.004.707

    Others 12 920.000.000 76.666.667

    All 175 28.552.844.989 163.159.114Table 6.1.2: Receivers of Islamic syndicated financings in total numbers for regions

    6.2 The source of funds for Islamic Syndicated financings:

    The second research question investigates where funds of Islamic syndicated financings

    come from. In order to do this, the lending institutions are explored. The place of the

    headquarters of the lending institutions is taken as the source for the countries, fromwhere the funds of Islamic syndicated financings are coming from. Again these countries

    are added up to regions as in the paragraph before. And as before, the regions consist of

    the West19, the Middle East20, Malaysia and Others21.

    As expected, the Middle East contributes a large share of the investments in Islamic

    syndicated financings (Chart 6.2). But surprisingly, Western lenders exhibit an even

    larger share of investments in Islamic syndicated financings then Middle Eastern lenders.

    While Western lenders have contributed about 50% of the funds for Islamic syndicated

    financings, Middle Eastern lenders have provided 34%. Malaysia as a financial hub for

    Islamic financings alone provided 11% of the funds of all Islamic syndications. 5% of the

    funds are from other lenders, such as from Japan or Singapore.

    19 The West is defined to entail France, Italy, the Netherlands, the United Kingdom and the United States.20 In this paper, the Middle East is defined as the Greater Middle East which includes Bahrain, Iran, Jordan,Kuwait, Oman, Pakistan, Qatar, Saudi Arabia, Turkey, and the United Arab Emirates.21 The Others entail Brazil, Indonesia, Kazakhstan, South Korea and Singapore.

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    Chart 6.2: Source of funds of Islamic syndicated financings

    Next, it seems also very interesting to find out which fund providers are the most

    important for which Islamic syndicated financing receiver. As can be seen in table 6.2.3,

    Western Lenders are focused on the Middle East, as 79% of all investments in Islamic

    syndications by Western financial institutions are absorbed by borrowers in the Middle

    East. Malaysian borrowers are also paid attention to, as 14% of all investments in Islamic

    syndications by Western financial institutions are absorbed by borrowers in Malaysia.

    in % of LendersWestern

    BorrowersMiddle Eastern

    BorrowersMalaysianBorrowers

    OtherBorrowers

    Western Lenders 2,3% 79,0% 14,0% 4,7%

    Middle Eastern Lenders 7,7% 89,6% 0,3% 2,5%

    Malaysian Lenders 0,0% 5,4% 94,6% 0,0%

    Other Lenders 6,9% 89,3% 3,8% 0,0%Table 6.2.3: Lenders and borrowers of Islamic syndicated financings in % terms

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    in million-$Western

    BorrowersMiddle Eastern

    BorrowersMalaysianBorrowers

    OtherBorrowers

    Total

    Western Lenders 337 11.355 2.006 680 14.379

    Middle Eastern Lenders 750 8.753 28 240 9.770

    Malaysian Lenders 0 167 2.932 0 3.099

    Other Lenders90 1.164 50 0 1.304

    Total 1.177 21.439 5.016 920 28.553

    Table 6.2.4: Lenders and borrowers of Islamic syndicated financings in absolute numbers

    In absolute numbers, $11,355 million and $2,006 million of investments in Islamic

    syndications by Western financial institutions were absorbed by borrowers in the Middle

    East and Malaysia respectively (Table 6.2.4). Middle Eastern lenders focus almost purely

    on their region, as 89.6% of their investments in Islamic syndications stay in the region.

    But 7.7% of the funds flow to Western borrowers (Table 6.2.3). Again in absolute

    numbers this means that $8,753 million of Islamic syndications from Middle Eastern

    lenders have been absorbed by Middle Eastern borrowers, while also $750 million have

    reached borrowers in the West (Table.6.2.4). Malaysian lenders are also very focused on

    their home market, as 94.6% of the Malaysian funds flow to Malaysian borrowers (Table

    6.2.3). But there are also investments done in the Middle East. 5.4% of the Malaysian

    investments in Islamic syndications are absorbed in the Middle East. In absolute numbers

    these investments total $2,932 million and $167 million for Malaysian and Middle

    Eastern borrowers respectively (Table.6.2.4).Lenders, other than Western, Middle

    Eastern and Malaysian focus their investments on the Middle East. The Middle East

    absorbs 89.3%, of the total investments in Islamic syndications. And also Western

    countries absorb 6.9% of the funds of the other lenders (Table 6.2.3). In absolute numbers

    these investments have a size of $1,164 million and $90 million for Middle Eastern and

    Western borrowers respectively (Table 6.2.4).

    To sum up these results, the Middle East absorbs most Islamic syndicated financings

    from Western lenders and Middle Eastern lenders. Malaysian borrowers receive most of

    the Islamic syndicated financings from Malaysian lenders. But Malaysian borrowers also

    obtain a respectable share from Western lenders. Western borrowers receive a respectable

    share of Islamic syndicated financings from Middle Eastern lenders. Other lenders focus

    on Middle Eastern borrowers.

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    6.3 Industries towards which Islamic syndicated financings are directed to:

    The next descriptive research question investigates the industries which profit from

    Islamic Syndicated financings the most. Then, a more detailed look is done on each of the

    most important borrowing industries and the distribution among countries.

    But first the industries which profit from Islamic Syndicated financings the most are

    researched.22

    As can be seen in chart 6.3.1, the oil and gas sector, financial services and

    telecommunications received the bulk part of about 59% of all the financings in Islamic

    syndications.

    Chart 6.3.1: Industrial distribution of Islamic syndicated financings

    The oil and gas sector alone has received about 27% of all the Islamic syndicated funds,

    the financial services follow with 18% and then telecommunications with 14%. Utilities

    and construction follow with each 9% of the total investments. Government borrowings

    constitute another 7%. These results are in line with the results of the borrowers of

    Islamic syndicated financings, which are to the largest part situated in the Middle East.

    22 A detailed list of the industrial distribution of the investments by syndicated Islamic financings can befound in Appendix 6.3.0

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    Borrowers in the Middle East have used these financings for typical industries for this

    region, which require large investments, such as oil and gas. But also financings which

    are required to cope with the economic boom and population growth, such as the

    financial sector, telecommunications, the utility and construction sector, were taken in

    form of Islamic syndication.

    In the following part, the borrowers of the above elaborated main sectors, which profit

    most from Islamic syndicated financings, are examined. These sectors include the oil and

    gas industry, financial services, telecommunications, utilities, construction and

    government. The borrowers are sub-divided into countries where they are based in. The

    research results of the share of the countries, in which the borrowers are based in, are

    listed detailed in tables. Pie charts are used to give emphasis to the most important

    borrowers.

    The oil and gas industry is the biggest profiteer of Islamic syndicated financings with

    about $7.7bn of total investments. Especially the energy rich Persian Gulf nations, Saudi

    Arabia, United Arab Emirates and Kuwait use Islamic syndications to finance their oil

    and gas industries (Chart 6.3.2).

    Islamic Syndicated Financings in Oil and Gas

    38%

    26%

    20%

    7%4% 4%

    1%

    0%

    Saudi Arabia

    United Arab Emirates

    Kuwait

    Malaysia

    Bahrain

    Indonesia

    Pakistan

    Iran

    Chart 6.3.2: Distribution of Islamic syndicated financings in the oil and gas sector by borrowing country

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    Their share constitutes already about 84% of all the Islamic syndicated investments in the

    oil and gas sector. Other important borrowers in the oil and gas sector come from

    Malaysia (7%), Bahrain (4%) and Indonesia (4%).

    Oil and Gas Amount of Investments ($) Percentage of Total

    Saudi Arabia 2.913.200.000 37,89%

    United Arab Emirates 2.000.000.000 26,01%

    Kuwait 1.500.000.000 19,51%

    Malaysia 524.500.000 6,82%

    Bahrain 330.000.000 4,29%

    Indonesia 322.000.000 4,19%

    Pakistan 75.000.000 0,98%

    Iran 23.730.252 0,31%

    Total 7.688.430.252 100,00%

    Table 6.3.2: Borrowers of Islamic syndicated financings for the oil and gas sector

    The second biggest profiteer of Islamic syndicated financings with more than $5.2bn of

    the total investments is the financial services sector. The most important borrowers of

    Islamic syndicates, working in the financial sector, are all placed in the Middle East

    (Chart 6.3.3).

    Chart 6.3.3: Distribution of Islamic syndications in the financial services sector by borrowing country

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    The borrowers are placed in Iran (34%), Kuwait (23%), Bahrain (14%) and Saudi Arabia

    (11%) according to the share of the syndicate investments in relation to the total

    investment in this industry sector.

    Financial Services Amount of Investments ($) Percentage of Total

    Iran 1.777.082.652 33,98%

    Kuwait 1.225.000.000 23,42%

    Bahrain 735.167.800 14,06%

    Saudi Arabia 584.000.000 11,17%

    Kazakhstan 250.000.000 4,78%

    Malaysia 210.526.319 4,03%

    Turkey 180.500.000 3,45%

    Italy 100.000.000 1,91%

    Singapore 85.000.000 1,63%

    United Kingdom 63.000.000 1,20%

    United Arab Emirates 20.000.000 0,38%

    Total 5.230.276.771 100,00%

    Table 6.3.3: Borrowers of Islamic syndicated financings for financial services

    The third biggest borrower of Islamic syndicated financings with more than $4.1bn of

    total investments is the telecommunications sector. Here the borrowers in the kingdom of

    Saudi Arabia are the most important borrowers and absorb 57% of all Islamic syndicated

    investments in the telecommunications sector (Chart 6.3.4). The Netherlands is the

    second biggest profiteer of Islamic syndicated financing in the telecommunications

    sector. With $750 million in investments or a share of about 18%, the telecommunication

    sector shows how Islamic financings can be used in predominantly non-Muslim Western

    states as well. Kuwait receives the same size of Islamic syndicated financings of 18% for

    the telecommunications sector, like the Netherlands.

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    Chart 6.3.4: Distribution of Islamic syndications in the telecommunications sector by borrowing country

    Other benefiters of Islamic syndicated financings in the telecommunications sector are

    Malaysia and Turkey, with a share of 4% and 2% respectively. In total numbers, these

    amounts to $171 million and $100 million of investments for Malaysia and Turkey

    (Table 6.3.4).

    Telecommunications Amount of Investments ($) Percentage of TotalSaudi Arabia 2.350.000.000 57,02%

    Netherlands 750.000.000 18,20%

    Kuwait 750.000.000 18,20%

    Malaysia 171.052.632 4,15%

    Turkey 100.000.000 2,43%

    Total 4.121.052.632 100,00%

    Table 6.3.4: Borrowers of Islamic syndicated financings for the telecommunications sector

    Another important borrower of Islamic syndicated financings with about $2.6bn of totalinvestments is the utilities sector. The borrowers in the United Arab Emirates are the

    biggest receivers of Islamic syndicated financings in the utilities sector with the

    absorption of about 80% of all the investments of this sector (Chart 6.3.5). Malaysia is

    the second biggest borrower, with a share of 10%. Saudi Arabia and Pakistan follow with

    8% and 2% respectively.

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    Islamic Syndicated Financings in Utilities

    80%

    10%

    8% 2%

    United A rab Emirates

    Malaysia

    Saudi Arabia

    Pakistan

    Chart 6.3.5: Distribution of Islamic syndicated financings in the utilities sector by borrowing country

    In absolute numbers, borrowers from the United Arab Emirates exhibit $2.04bn of

    Islamic syndicated financings in the utilities sector (Table 6.3.5). Malaysia and Saudi

    Arabia follow with $245 million and $210 million. Borrowers from Pakistan have

    received more than $61 million of Islamic syndicated financings for the utilities sector.

    Table 6.3.5: Borrowers of Islamic syndicated financings for the utilities sector

    The next important borrower of Islamic syndicated financings with about $2.5bn of the

    total investments is the construction sector. In this sector, Malaysian borrowers are the

    stunning majority, with a share of close to 96% (Chart 6.3.6). Turkey and France follow

    with a share of 2% each.

    Utilities Amount of Investments ($) Percentage of Total

    United Arab Emirates 2.040.000.000 79,81%

    Malaysia 244.769.049 9,58%

    Saudi Arabia 210.000.000 8,22%

    Pakistan 61.319.766 2,40%

    Total 2.556.088.815 100,00%

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    Islamic Syndicated Financings in Governm ent

    49%

    25%

    16%

    10%

    United A rab Emirates

    Iran

    Turkey

    Pakistan

    Chart 6.3.7: Distribution of Islamic syndicated financings received by governments by borrowing country

    In total absolute amounts, the United Arab Emirates has received $1bn of Islamic

    syndicated financings. Iran follows with $500 million. And the governments of Turkey

    and Pakistan have received $332.5 million and $200 million in Islamic syndicated

    financings respectively.

    Government Amount of Investments ($) Percentage of Total

    United Arab Emirates 1.000.000.000 49,20%

    Iran 500.000.000 24,60%Turkey 332.500.000 16,36%

    Pakistan 200.000.000 9,84%

    Total 2.032.500.000 100,00%

    Table 6.3.7: Governments as borrowers of Is