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1. Parties: Identification and details of the parties to the agreement, including their registered addresses and registration numbers
2. Background: Context of the funding arrangement, including the purpose of the funding and any relevant history
3. Definitions and Interpretation: Detailed definitions of terms used in the agreement and rules for interpretation
4. Funding Amount and Purpose: Specification of the funding amount, tranches if applicable, and permitted use of funds
5. Conditions Precedent: Conditions that must be satisfied before the funding becomes available
6. Disbursement Mechanics: Process and requirements for drawing down the funds
7. Repayment Terms: Terms and schedule for repayment of the funding, including any interest or returns
8. Securities and Guarantees: Details of any security or guarantees required for the funding
9. Representations and Warranties: Statements of fact and assurances given by the parties
10. Covenants: Ongoing obligations and restrictions on the recipient's activities
11. Events of Default: Circumstances constituting default and consequences thereof
12. Termination: Circumstances and process for terminating the agreement
13. Notices: Process and requirements for formal communications between parties
14. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Interest and Fees: Required for debt funding arrangements, specifying interest rates, calculation methods, and any additional fees
2. Equity Conversion Rights: For convertible funding instruments, detailing the terms and process for converting funding to equity
3. B-BBEE Provisions: Required when the funding arrangement has B-BBEE implications or requirements
4. Information Rights: Detailed reporting requirements and information access rights, particularly relevant for institutional investors
5. Board Representation: Rights of the funder to appoint board members or observers, typically in equity or mezzanine funding
6. Anti-dilution Protection: Protection mechanisms for funders in case of future funding rounds, relevant for equity-linked funding
7. Exit Rights: Mechanisms for funders to exit the investment, including tag-along or drag-along rights
8. Environmental and Social Requirements: Required for funding with environmental or social impact objectives
9. Intellectual Property Rights: Required when funding is related to IP-heavy projects or research and development
1. Disbursement Schedule: Detailed schedule of funding tranches and associated conditions
2. Repayment Schedule: Detailed schedule of repayment dates and amounts
3. Security Documents: List and copies of security documents and guarantees
4. Required Authorizations: List of all required authorizations and their status
5. Reporting Requirements: Detailed specifications for required financial and operational reports
6. Key Personnel: List of key personnel and their roles, if relevant to the funding conditions
7. Project Milestones: Detailed project milestones linked to funding disbursements
8. Permitted Security Interests: List of existing and permitted security interests
9. Form of Drawdown Notice: Template for drawdown notices
10. Compliance Certificates: Templates for various compliance certificates required under the agreement
Interpretation
Definitions
Funding Amount
Purpose
Availability
Conditions Precedent
Disbursement
Interest
Fees
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Acceleration
B-BBEE Compliance
Change of Control
Assignment and Transfer
Confidentiality
Data Protection
Anti-Money Laundering
Exchange Control
Tax
Increased Costs
Set-off
Notices
Amendments
Governing Law
Dispute Resolution
Force Majeure
Termination
Indemnification
Costs and Expenses
Severability
Entire Agreement
Financial Services
Technology
Manufacturing
Mining
Renewable Energy
Agriculture
Healthcare
Real Estate
Infrastructure
Telecommunications
Retail
Education
Tourism
Transportation
Green Technology
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Development
Investment
Business Development
Company Secretariat
Credit
Due Diligence
Chief Financial Officer
Finance Director
Investment Manager
Legal Counsel
Compliance Officer
Corporate Lawyer
Investment Analyst
Fund Manager
Treasury Manager
Risk Manager
Company Secretary
Financial Controller
Business Development Manager
Portfolio Manager
Transaction Advisory Manager
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