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Credit Facility Term Sheet Template for South Africa

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Key Requirements PROMPT example:

Credit Facility Term Sheet

"I need a Credit Facility Term Sheet for a ZAR 50 million working capital facility to a mid-sized manufacturing company, with standard security package and a 3-year term starting March 2025."

Document background
The Credit Facility Term Sheet is a crucial preliminary document used in South African financing transactions to establish the fundamental terms of a credit facility before proceeding with detailed documentation. It is typically used when a financial institution is considering extending credit to a borrower and needs to document the proposed terms for internal approval, client agreement, and legal documentation purposes. The term sheet captures key commercial points including facility amount, pricing, tenure, security, and conditions, while ensuring compliance with South African banking regulations and the National Credit Act. While generally non-binding, it serves as a roadmap for the transaction and helps identify potential issues early in the negotiation process. The document is essential for both simple bilateral facilities and complex syndicated arrangements, providing a clear framework for all parties to proceed with the transaction.
Suggested Sections

1. Parties: Identification of the Lender and Borrower, including registration numbers and addresses

2. Background: Brief context of the proposed credit facility and purpose

3. Definitions: Key terms used throughout the term sheet

4. Facility Type and Amount: Details of the credit facility type and total amount available

5. Interest Rate and Fees: Specification of interest rate, calculation method, and all applicable fees

6. Availability Period: Period during which the facility can be drawn

7. Repayment Terms: Repayment schedule, installment amounts, and final maturity date

8. Conditions Precedent: Standard conditions that must be met before facility becomes available

9. Representations and Warranties: Standard declarations made by the borrower

10. Events of Default: Circumstances that would constitute default under the facility

11. Governing Law: Confirmation of South African law as governing law

12. Confidentiality: Terms regarding confidentiality of the term sheet

13. Non-Binding Nature: Statement clarifying which terms are binding/non-binding

Optional Sections

1. Security Arrangements: Required when facility is to be secured - details of collateral and security structure

2. Guarantees: Include when third-party guarantees are required for the facility

3. Special Drawdown Conditions: Include for facilities with multiple tranches or special drawdown requirements

4. Financial Covenants: Include for corporate borrowers where financial ratios need to be maintained

5. Insurance Requirements: Include when specific insurance coverage is required

6. Regulatory Requirements: Include when specific regulatory approvals or conditions apply

7. Group Structure: Include for corporate borrowers with complex group structures

8. Purpose Restrictions: Include when facility use is restricted to specific purposes

Suggested Schedules

1. Facility Pricing Schedule: Detailed breakdown of all fees, charges, and interest calculations

2. Form of Drawdown Notice: Template for borrower to request drawdown under the facility

3. Conditions Precedent Checklist: Detailed list of required documents and conditions

4. Compliance Certificate Template: Standard form for periodic compliance certification

5. Security Assets Schedule: Detailed list of assets provided as security (if applicable)

6. Permitted Security Interests: List of pre-approved security interests (if applicable)

7. Required Insurance Coverage: Detailed insurance requirements and minimum coverage levels

8. Contact Details: List of key contacts for both parties and their advisers

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

Real Estate

Manufacturing

Mining & Resources

Retail

Technology

Agriculture

Healthcare

Construction

Transportation & Logistics

Energy & Utilities

Telecommunications

Professional Services

Education

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Corporate Banking

Transaction Banking

Operations

Commercial Banking

Investment Banking

Deal Advisory

Company Secretarial

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Relationship Manager

Legal Counsel

Compliance Officer

Risk Manager

Corporate Finance Manager

Financial Controller

Credit Analyst

Transaction Manager

Senior Banker

Facility Agent

Security Trustee

Financial Director

Company Secretary

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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