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Commercial Finance Agreement Template for South Africa

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Key Requirements PROMPT example:

Commercial Finance Agreement

"Need a Commercial Finance Agreement for a R25 million facility to a manufacturing company, secured by property and equipment, with quarterly repayments starting March 2025 and including personal guarantees from two directors."

Document background
The Commercial Finance Agreement serves as a fundamental instrument in South African business financing, providing a legally robust framework for commercial lending transactions. It is typically used when businesses require substantial financing for operations, expansion, or specific projects, and must comply with South African banking regulations, the National Credit Act, and financial sector legislation. The document outlines the complete financing relationship, including facility terms, security arrangements, representations and warranties, and compliance requirements. It is particularly important in the South African context where specific regulatory requirements, such as FICA compliance and National Credit Act provisions, must be incorporated. The agreement is designed to protect both lender and borrower interests while ensuring enforceability under South African law.
Suggested Sections

1. Parties: Identification and details of the Finance Provider and the Borrower/Client

2. Background: Context of the agreement and purpose of the financing

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

4. The Facility: Details of the financial facility being provided, including amount, purpose, and availability

5. Interest and Fees: Interest rate calculations, fees, charges, and payment terms

6. Repayment Terms: Repayment schedule, method, and conditions

7. Security: Details of security arrangements and collateral requirements

8. Representations and Warranties: Statements of fact and assurances given by the borrower

9. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

10. Undertakings: Positive and negative obligations of the borrower during the term of the agreement

11. Events of Default: Circumstances constituting default and consequences thereof

12. Remedies: Rights and remedies available to the lender upon default

13. General Provisions: Standard contractual provisions including notices, amendments, and governing law

Optional Sections

1. Guarantees: Terms of any guarantees provided - include when third-party guarantors are involved

2. Insurance Requirements: Specific insurance obligations - include when collateral requires insurance coverage

3. Special Conditions: Any unique terms specific to the transaction - include when non-standard requirements exist

4. Financial Covenants: Specific financial ratios and requirements - include for corporate borrowers

5. Assignment and Transfer: Rights to assign or transfer the agreement - include when syndication is possible

6. Increased Costs and Tax Gross-up: Provisions for changing regulatory costs - include for longer-term facilities

7. Multi-currency Provisions: Terms for multiple currency facilities - include when applicable

8. Agency and Trust Provisions: Terms for multiple lenders - include in syndicated facilities

Suggested Schedules

1. Schedule 1 - Facility Terms: Detailed breakdown of facility amount, interest rates, fees, and payment dates

2. Schedule 2 - Conditions Precedent Documents: List of required documents and conditions to be satisfied

3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable

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

5. Schedule 5 - Form of Drawdown Notice: Template for requesting disbursements

6. Schedule 6 - Compliance Certificate: Template for periodic compliance reporting

7. Appendix A - Calculation of Interest and Fees: Detailed methodology for calculating interest and fees

8. Appendix B - Know Your Customer Requirements: FICA and due diligence requirements

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

Relevant legal definitions
Clauses






































Relevant Industries

Banking & Financial Services

Manufacturing

Real Estate & Construction

Retail & Consumer Goods

Technology & Telecommunications

Mining & Resources

Agriculture & Agribusiness

Transport & Logistics

Healthcare & Pharmaceuticals

Energy & Utilities

Professional Services

Industrial & Engineering

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Corporate Banking

Credit Analysis

Business Development

Company Secretariat

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Credit Manager

Treasury Manager

Financial Controller

Compliance Officer

Company Secretary

Commercial Director

Banking Relationship Manager

Finance Manager

Corporate Banking Officer

Legal Manager

Business Development Manager

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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