The Loans With Debt Agreement is a specialized financial instrument used in South African business and personal lending contexts. This document is essential when parties wish to establish a formal lending arrangement while incorporating specific debt management provisions. It is particularly useful for structured financing where both immediate lending and longer-term debt management need to be addressed in a single agreement. The document must comply with South African legislation, particularly the National Credit Act 34 of 2005, the Consumer Protection Act, and financial sector regulations. It typically includes detailed terms about loan amount, interest rates, repayment schedules, security arrangements, default provisions, and debt management procedures. This type of agreement is commonly used in both commercial and personal lending scenarios, especially where comprehensive financial planning and debt management are required.

1. Parties: Identifies and provides full details of the Lender and Borrower, including registration numbers for companies or ID numbers for individuals

2. Background: Explains the context of the loan agreement and the parties' intention to enter into this agreement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out rules for interpreting the agreement

4. Loan Amount and Purpose: Specifies the principal amount being loaned and the approved purpose for which the loan may be used

5. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and compliance with usury laws

6. Repayment Terms: Specifies the repayment schedule, installment amounts, and payment methods

7. Security and Collateral: Details any security or collateral provided for the loan

8. Representations and Warranties: Sets out the statements and promises made by the Borrower regarding their financial situation and ability to repay

9. Borrower's Obligations: Lists the ongoing obligations of the Borrower during the loan term

10. Events of Default: Defines what constitutes a default and the consequences thereof

11. Remedies: Outlines the Lender's rights and remedies in case of default

12. General Provisions: Contains standard contractual provisions including notices, amendments, and governing law