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Assignment Of Proceeds Agreement Template for South Africa

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Key Requirements PROMPT example:

Assignment Of Proceeds Agreement

"Need an Assignment of Proceeds Agreement for a South African mining company assigning its future mineral sale proceeds to a bank as security for a ZAR 50 million loan facility, with the assignment to become effective from March 1, 2025."

Document background
The Assignment Of Proceeds Agreement is a crucial financial instrument in South African commercial practice, commonly used in project finance, securitization, and general commercial transactions. It enables businesses to monetize future income streams, obtain financing, or provide security for obligations. The document must comply with South African legislation, including the Companies Act, Financial Intelligence Centre Act, and relevant banking regulations. Typically used when a party needs to assign rights to future payments, whether for security purposes, financing arrangements, or as part of larger transaction structures. The agreement includes detailed provisions on payment mechanics, security arrangements, events of default, and remedies, while incorporating necessary safeguards to protect all parties' interests.
Suggested Sections

1. Parties: Identifies the Assignor (party assigning the proceeds), Assignee (party receiving the proceeds), and any other relevant parties such as the Paying Entity

2. Background: Sets out the context of the agreement, including the underlying transaction giving rise to the proceeds and the purpose of the assignment

3. Definitions and Interpretation: Defines key terms used in the agreement and establishes interpretation principles

4. Assignment: Details the assignment of proceeds, including the specific rights being assigned and the effective date

5. Payment Mechanics: Specifies how payments will be made, including bank account details, payment dates, and processing procedures

6. Representations and Warranties: Contains statements of fact and assurances from the Assignor regarding their right to assign the proceeds and other relevant matters

7. Covenants: Sets out ongoing obligations of the parties, particularly the Assignor's duties regarding the proceeds

8. Security Provisions: Details any security arrangements supporting the assignment

9. Events of Default: Lists circumstances constituting default and their consequences

10. Remedies: Outlines available remedies in case of default or breach

11. General Provisions: Contains standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Conditions Precedent: Used when the assignment is subject to certain conditions being met before becoming effective

2. Third Party Consent: Required when the assignment needs consent from other parties (e.g., the Paying Entity)

3. Tax Provisions: Included when specific tax implications need to be addressed

4. Currency Provisions: Required when the proceeds are in a different currency or involve currency conversion

5. Step-In Rights: Included when the Assignee needs rights to take over certain contracts or relationships

6. Insurance: Used when insurance requirements need to be specified for the assigned proceeds

7. Priority Arrangements: Required when there are multiple assignees or security holders

8. Regulatory Compliance: Included when specific regulatory requirements need to be addressed

Suggested Schedules

1. Schedule 1 - Description of Assigned Proceeds: Detailed description of the proceeds being assigned, including payment amounts, dates, and sources

2. Schedule 2 - Payment Details: Bank account information and payment processing details

3. Schedule 3 - Form of Notice to Paying Entity: Template for notifying the paying entity of the assignment

4. Schedule 4 - Security Documents: List and copies of related security documents

5. Schedule 5 - Conditions Precedent Documents: List of documents required to satisfy conditions precedent

6. Appendix A - Calculation Methods: Details of how assigned amounts are calculated, if complex calculations are involved

7. Appendix B - Form of Compliance Certificate: Template for periodic compliance certification by the Assignor

Authors

Alex Denne

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

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Relevant Industries

Banking

Financial Services

Construction

Infrastructure

Mining

Energy

Telecommunications

Real Estate

Manufacturing

Agriculture

Healthcare

Insurance

Export/Import

Retail

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Commercial

Credit

Project Finance

Operations

Business Development

Corporate Finance

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Commercial Director

Treasury Manager

Risk Manager

Compliance Officer

Contract Manager

Project Finance Manager

Credit Manager

Security Trustee

Transaction Manager

Account Manager

Financial Controller

Business Development Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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