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Finance Agreement Template for South Africa

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Key Requirements PROMPT example:

Finance Agreement

"I need a Finance Agreement for a R5 million secured term loan to a manufacturing company, with the facility to be available from March 2025 and secured against the company's equipment and receivables."

Document background
The Finance Agreement is a crucial document used in South African financial transactions to formalize lending arrangements between financial institutions and borrowers. It must comply with strict regulatory requirements, particularly the National Credit Act 34 of 2005, the Financial Intelligence Centre Act, and other relevant financial sector legislation. This agreement is essential when providing credit facilities, term loans, revolving credit facilities, or other financing arrangements. It includes comprehensive details about the facility amount, purpose, interest calculations, repayment terms, security arrangements, representations and warranties, and events of default. The document incorporates mandatory consumer protection provisions and requires specific disclosure statements as prescribed by South African law. It's designed to protect both the lender's interests in securing repayment and the borrower's rights under consumer protection legislation.
Suggested Sections

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

2. Background: Context of the agreement and purpose of the finance facility

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. The Facility: Details of the credit facility, including amount, purpose, and availability

5. Interest and Fees: Interest rate calculations, applicable fees, and charges

6. Repayment Terms: Repayment schedule, method of payment, and early repayment provisions

7. Conditions Precedent: Conditions that must be met before the facility becomes available

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

9. Borrower Covenants: Ongoing obligations and undertakings of the borrower

10. Events of Default: Circumstances constituting default and consequential rights of the lender

11. Security: Details of any security or collateral provided for the facility

12. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Guarantees: Required when third-party guarantees are provided for the facility

2. Insurance Requirements: Included when specific insurance coverage is required for the financed asset

3. Special Drawdown Conditions: Used for facilities with multiple drawdown periods or special conditions

4. Financial Covenants: Required for corporate borrowers where financial ratios must be maintained

5. Agency and Security Trustee Provisions: Needed for syndicated facilities or where security is held by a trustee

6. Tax Provisions: Detailed tax clauses required for large corporate facilities or cross-border transactions

Suggested Schedules

1. Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Fee Schedule: Comprehensive list of all applicable fees and charges

3. Security Details: Specific details of all security/collateral provided

4. Conditions Precedent Documents: List of required documents and conditions to be satisfied

5. Drawdown Notice Form: Template for requesting disbursement of funds

6. Compliance Certificate: Template for periodic compliance reporting

7. Pre-Agreement Statement and Quotation: National Credit Act mandatory disclosure document

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 and Financial Services

Real Estate

Manufacturing

Retail

Mining

Agriculture

Technology

Healthcare

Construction

Transportation and Logistics

Energy and Utilities

Telecommunications

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Credit

Corporate Banking

Operations

Business Development

Company Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Compliance Officer

Credit Manager

Risk Manager

Treasury Manager

Financial Controller

Corporate Banker

Relationship Manager

Credit Analyst

Legal Director

Company Secretary

Financial 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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