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1. Parties: Identification of the parties to the agreement, including the borrower and lender(s)
2. Background: Context of the refinancing, including details of the existing facility being refinanced
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Refinancing Terms: Core terms of the refinancing, including amount, purpose, and effectiveness
5. Conditions Precedent: Conditions that must be satisfied before the refinancing becomes effective
6. Repayment Terms: Details of how and when the refinanced amount must be repaid
7. Interest and Fees: Interest rates, calculation methods, and applicable fees
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 that constitute default and their consequences
11. Boilerplate Clauses: Standard legal provisions including notices, governing law, and jurisdiction
1. Security Arrangements: Required if the refinancing is secured against assets or property
2. Guarantees: Include when third-party guarantees are part of the security structure
3. Insurance Requirements: Necessary when specific insurance coverage is required for secured assets
4. Syndication Provisions: Required for refinancing involving multiple lenders
5. Early Repayment Terms: Include if early repayment options are available
6. Change of Control Provisions: Necessary for corporate borrowers where ownership changes may affect the facility
7. Currency Provisions: Required if the refinancing involves multiple currencies
1. Existing Facility Details: Details of the facility being refinanced, including outstanding amounts
2. Repayment Schedule: Detailed schedule of repayment dates and amounts
3. Security Details: Comprehensive list and description of security assets and arrangements
4. Conditions Precedent Documents: List of required documents and conditions to be satisfied
5. Fee Schedule: Detailed breakdown of all applicable fees and charges
6. Form of Drawdown Notice: Template for requesting disbursement of the refinanced amount
7. Compliance Certificate: Template for periodic confirmation of compliance with agreement terms
Applicable Law
Applicable Rate
Authorisation
Business Day
Completion Date
Conditions Precedent
Credit Agreement
Default Interest
Default Rate
Effective Date
Encumbrance
Event of Default
Existing Facility
Existing Facility Agreement
Existing Lender
Facility
Financial Indebtedness
Financial Statements
Financial Year
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Legal Requirements
Material Adverse Effect
National Credit Act
New Facility
Outstanding Amount
Permitted Encumbrance
Principal Amount
Refinanced Amount
Refinancing Date
Regulated Credit Agreement
Relevant Authority
Repayment Date
Repayment Schedule
Security
Security Agreement
Security Asset
Security Document
Security Interest
Security Provider
Signature Date
Tax
Transaction Documents
ZAR
Definitions
Refinancing Terms
Conditions Precedent
Security
Interest and Fees
Repayment
Representations and Warranties
Covenants
Events of Default
Remedies
Payment Provisions
Tax
Costs and Expenses
Indemnification
Assignment and Transfer
Amendments and Waivers
Notices
Confidentiality
Data Protection
Anti-Money Laundering
Force Majeure
Severability
Entire Agreement
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Electronic Execution
Agency Provisions
Registration Requirements
Consumer Protection
Credit Reporting
Early Termination
Security Enforcement
Set-off Rights
Financial Services
Banking
Real Estate
Commercial Property
Retail
Manufacturing
Mining
Agriculture
Healthcare
Technology
Transportation
Construction
Energy
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Corporate Finance
Property Finance
Operations
Commercial
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Manager
Risk Manager
Treasury Manager
Compliance Officer
Financial Controller
Banking Relationship Manager
Debt Restructuring Specialist
Property Finance Manager
Corporate Finance Manager
Legal Director
Commercial Director
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