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1. Parties: Identification of the Lender(s) and Borrower(s) with full legal names and registration details
2. Background: Context of the facility agreement, including purpose of the loan and any relevant historical context
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation
4. The Facility: Details of the loan facility including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Utilisation: Process and requirements for drawing down the facility
7. Repayment: Terms of repayment including schedule, prepayment provisions, and mandatory prepayment events
8. Interest: Interest rate, calculation methods, and payment dates
9. Fees: All applicable fees including arrangement fees, commitment fees, and break costs
10. Tax Gross Up and Indemnities: Provisions for tax-related payments and indemnities
11. Representations and Warranties: Statements of fact and assurances given by the Borrower
12. Information Undertakings: Borrower's obligations to provide financial and other information
13. General Undertakings: Positive and negative covenants of the Borrower
14. Events of Default: Circumstances that would allow the Lender to terminate the facility and demand repayment
15. Changes to Parties: Provisions regarding assignment, transfer, and debt trading
16. Administration: Practical aspects of managing the facility including payments, calculations, and notices
17. Governing Law and Enforcement: Choice of South African law and jurisdiction provisions
1. Security: Required if the facility is secured, detailing the security package and enforcement rights
2. Financial Covenants: Include for corporate borrowers or larger facilities, specifying financial ratios and tests
3. Guarantee: Required if there are guarantors supporting the facility
4. Multiple Lenders: Required for syndicated facilities, including voting rights and majority lender provisions
5. Increased Costs: Usually included for bank lenders to cover regulatory changes affecting their costs
6. Market Disruption: Relevant for facilities with floating interest rates
7. Anti-corruption Provisions: Detailed section required for corporate or high-value facilities
8. Data Protection: Enhanced section required when dealing with personal information under POPIA
1. Conditions Precedent: Detailed list of documents and conditions required before facility availability
2. Form of Utilisation Request: Standard form for requesting drawdowns under the facility
3. Form of Transfer Certificate: Template for transferring loan participations (if transfers permitted)
4. Repayment Schedule: Detailed schedule of repayment dates and amounts (for term facilities)
5. Security Documents: List and copies of all security documents (if secured facility)
6. Financial Covenant Calculations: Detailed methodology for calculating financial covenants
7. Borrower Group Structure: Corporate structure chart showing borrower group entities
8. Existing Security and Financial Indebtedness: Details of permitted existing security and debt
9. Form of Compliance Certificate: Template for periodic compliance certification by borrower
Banking & Financial Services
Real Estate & Property
Manufacturing & Industrial
Mining & Resources
Retail & Consumer
Technology & Communications
Healthcare & Pharmaceuticals
Agriculture & Agribusiness
Infrastructure & Construction
Energy & Utilities
Transport & Logistics
Professional Services
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Company Secretarial
Executive Leadership
Commercial
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Compliance Officer
Credit Manager
Risk Manager
Financial Controller
Company Secretary
Banking Relationship Manager
Loan Officer
Corporate Banking Manager
Finance Manager
Managing Director
Chief Executive Officer
Commercial Director
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