Facility Loan Agreement for South Africa

Facility Loan Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes the terms and conditions under which a lender provides a loan facility to a borrower. The document incorporates requirements from the National Credit Act and other relevant South African legislation, detailing the facility amount, interest rates, repayment terms, security arrangements, covenants, and events of default. It includes provisions for both drawdown and repayment mechanisms, while ensuring compliance with local banking regulations and consumer protection laws.

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Facility Loan Agreement

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What is a Facility Loan Agreement?

The Facility Loan Agreement serves as the primary documentation for credit facilities in South Africa, structured to comply with the National Credit Act and related financial services legislation. This document is essential when establishing formal lending arrangements between financial institutions and borrowers, whether for corporate funding, project finance, or general commercial purposes. The agreement typically includes detailed provisions for facility limits, drawdown conditions, interest calculations, repayment schedules, and security arrangements. It's particularly important in the South African context where specific regulatory requirements must be met, including those related to responsible lending, consumer protection, and financial intelligence. The Facility Loan Agreement should be tailored to accommodate various lending structures while maintaining compliance with local banking regulations and market practices.

What sections should be included in a Facility Loan Agreement?

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

What sections are optional to include in a Facility Loan Agreement?

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

What schedules should be included in a Facility Loan Agreement?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

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

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Credit

Company Secretarial

Executive Leadership

Commercial

Relevant Roles

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

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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