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The Financing Contract Agreement is a fundamental document in South African commercial law, used to formalize lending arrangements between financial institutions and borrowers. It serves as the primary agreement governing the provision of financial facilities, whether for corporate financing, project development, asset acquisition, or working capital purposes. The agreement must comply with South African legislation, particularly the National Credit Act and Financial Intelligence Centre Act, while incorporating international best practices in finance documentation. This document type is essential for any significant financing transaction in South Africa, providing legal certainty and protection for all parties involved while ensuring regulatory compliance.

1. Parties: Identifies and provides full details of the contracting parties, including registration numbers for companies

2. Background: Sets out the context and purpose of the financing agreement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. The Facility: Details the type, amount, and purpose of the financing facility being provided

5. Conditions Precedent: Lists conditions that must be satisfied before the facility becomes available

6. Drawdown: Specifies the process and requirements for accessing the facility

7. Interest and Fees: Details the interest rate, calculation method, and all applicable fees

8. Repayment Terms: Specifies repayment schedule, amounts, and methods

9. Representations and Warranties: States the facts and assurances provided by the borrower

10. Covenants: Sets out positive and negative obligations of the borrower during the facility term

11. Events of Default: Lists circumstances that constitute default and their consequences

12. Indemnities: Details the borrower's obligations to compensate the lender for specified losses

13. Notices: Specifies how formal communications between parties should be made

14. Governing Law and Jurisdiction: Confirms South African law governs and specifies courts having jurisdiction

15. General Provisions: Includes standard boilerplate clauses such as severability and entire agreement