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Line Of Credit Agreement And Note Template for South Africa

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Key Requirements PROMPT example:

Line Of Credit Agreement And Note

"I need a Line of Credit Agreement and Note for a R5 million facility to be provided to a medium-sized manufacturing company in South Africa, secured by company assets and personal guarantees from two directors, with the facility to commence on March 1, 2025."

Document background
The Line of Credit Agreement and Note is a fundamental financial instrument in South African banking and lending practices. It is used when a lender agrees to provide a borrower with access to a revolving credit facility up to a specified limit, allowing for multiple drawdowns and repayments over time. The document must comply with the South African National Credit Act, the Banks Act, and other relevant financial services legislation. It includes comprehensive terms covering facility limits, interest calculations, repayment obligations, security arrangements, and default provisions. This type of agreement is particularly useful for businesses requiring flexible working capital financing or individuals needing access to recurring credit. The agreement incorporates both the credit facility terms and a promissory note component, providing security for the lender while ensuring transparency and fairness for the borrower under South African law.
Suggested Sections

1. Parties: Identification of the Lender and Borrower with their full legal names, registration numbers, and addresses

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

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

4. The Facility: Details of the credit facility including the credit limit, purpose, availability period, and drawdown mechanisms

5. Interest and Fees: Interest rate calculations, applicable fees, and payment terms in compliance with the National Credit Act

6. Repayment Terms: Terms for repayment, minimum payments, and payment allocation methodology

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

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

9. Borrower Covenants: Ongoing obligations and restrictions on the Borrower

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

11. Termination: Circumstances and procedures for terminating the facility

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

Optional Sections

1. Security: Details of any security or collateral provided - include when the facility is secured

2. Guarantee: Terms of any guarantee provided - include when there are guarantors

3. Insurance: Required insurance coverage - include when specific insurance is mandatory

4. Financial Covenants: Specific financial requirements - include for corporate borrowers or larger facilities

5. Change of Control: Provisions dealing with ownership changes - include for corporate borrowers

6. Assignment and Transfer: Rights to assign or transfer the facility - include when transferability is desired

7. Multiple Borrowers: Provisions for multiple borrowers - include when there is more than one borrower

8. Card Facilities: Terms for credit card access to the facility - include when cards are provided

Suggested Schedules

1. Facility Details: Specific terms of the facility including credit limit, interest rates, and fees

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

3. Draw Down Notice: Form of notice for requesting draws under the facility

4. Compliance Certificate: Form of periodic compliance certification

5. Calculation of Interest and Fees: Detailed methodology for calculating interest and fees

6. Security Documents: Forms of security documents if applicable

7. Pre-Agreement Statement and Quotation: Mandatory National Credit Act disclosure documentation

8. Cost of Credit Statement: Detailed breakdown of credit costs as required by the National Credit Act

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

Financial Services

Banking

Commercial Lending

Retail Banking

Corporate Banking

Small Business Services

Consumer Finance

Asset Finance

Property Development

Manufacturing

Retail

Agriculture

Mining

Professional Services

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Treasury

Commercial Banking

Retail Banking

Operations

Document Management

Client Relations

Corporate Banking

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Credit Manager

Relationship Manager

Risk Manager

Compliance Officer

Treasury Manager

Financial Controller

Credit Analyst

Legal Officer

Banking Officer

Commercial Director

Business Development Manager

Account Manager

Credit Risk Officer

Document Controller

Corporate Banking Manager

Retail Banking 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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