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Assignment Of Receivables Agreement
"I need an Assignment of Receivables Agreement for a South African manufacturing company transferring its accounts receivable worth R5 million to a factoring company, with specific provisions for ongoing customer relationships and staged payments to be completed by March 2025."
1. Parties: Identification of the Assignor and Assignee with their full legal details
2. Background: Context of the assignment, including the origin of the receivables and purpose of the assignment
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Assignment: Core provision effecting the transfer of rights from Assignor to Assignee
5. Purchase Price and Payment: Details of consideration paid for the receivables and payment terms
6. Effective Date: Specification of when the assignment takes effect
7. Warranties and Representations: Assignor's warranties regarding ownership, validity, and status of the receivables
8. Undertakings: Ongoing obligations of the parties, particularly the Assignor's duties regarding the receivables
9. Notice and Communication: Requirements for notifying debtors and communication between parties
10. Further Assurance: Obligations to execute additional documents or take actions to perfect the assignment
11. Costs and Expenses: Allocation of transaction costs and ongoing expenses
12. Governing Law and Jurisdiction: Specification of South African law and jurisdiction details
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Security: Include when additional security is provided for the assigned receivables
2. Credit Insurance: Include when receivables are covered by credit insurance that needs to be assigned or addressed
3. Tax Provisions: Detailed tax clauses when significant tax implications exist
4. Data Protection: Include when personal information is involved in the receivables
5. Anti-Money Laundering: Include for high-value assignments or when required by regulatory compliance
6. Foreign Exchange: Include when receivables are in foreign currency or cross-border elements exist
7. Dispute Resolution: Alternative dispute resolution mechanisms if preferred over standard court jurisdiction
8. Step-In Rights: Include when Assignee needs rights to directly manage or collect receivables in certain circumstances
1. Schedule of Receivables: Detailed list and description of all receivables being assigned
2. Form of Notice to Debtors: Template for notifying debtors of the assignment
3. Payment Details: Banking and payment information for settling the purchase price
4. Required Authorizations: List of corporate and regulatory approvals required
5. Existing Security Interests: Details of any existing security interests affecting the receivables
6. Form of Release: Template for releasing any existing security or restrictions on the receivables
7. Supporting Documents: List of underlying contracts and documents evidencing the receivables
Authors
Financial Services
Banking
Manufacturing
Wholesale Trade
Retail
Construction
Professional Services
Healthcare
Technology
Telecommunications
Energy
Agriculture
Transport and Logistics
Legal
Finance
Treasury
Credit Control
Accounts Receivable
Risk Management
Compliance
Commercial Operations
Corporate Secretariat
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Credit Controller
Financial Manager
Legal Counsel
Corporate Lawyer
Commercial Director
Accounts Receivable Manager
Risk Manager
Compliance Officer
Business Development Manager
Contract Manager
Company Secretary
Finance Operations Manager
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