The International Loan Agreement template is designed for cross-border lending transactions where international financial institutions provide financing to South African entities. It is particularly useful for significant financing arrangements requiring careful consideration of both international banking practices and South African regulatory requirements, including exchange control regulations. The document incorporates comprehensive provisions addressing currency risks, regulatory compliance, security arrangements, and enforcement mechanisms. This agreement type is essential for transactions requiring South African law governance while facilitating international capital flows, and includes specific provisions for Exchange Control approval and compliance with the Financial Intelligence Centre Act. The template is structured to accommodate various lending structures, from bilateral arrangements to syndicated facilities, and can be adapted for different security arrangements.
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1. Parties: Identification of Lender and Borrower with full legal names and registration details
2. Background: Context of the loan, purpose, and relationship between parties
3. Definitions and Interpretation: Defined terms, interpretation rules, and currency conventions
4. The Facility: Loan amount, purpose, and availability conditions
5. Interest: Interest rate, calculation methods, default interest provisions
6. Repayment: Repayment schedule, prepayment terms, and payment mechanics
7. Representations and Warranties: Standard and transaction-specific representations, including capacity and authority
8. Conditions Precedent: Documents and conditions required before drawdown
9. Undertakings: General, financial, and information covenants
10. Events of Default: Default triggers and consequences
11. Changes to Parties: Assignment and transfer provisions
12. Payment Mechanics: Payment times, currency, and settlement procedures
13. Tax Gross-up and Indemnities: Tax provisions and related indemnities
14. Costs and Expenses: Transaction costs, enforcement costs, and stamp duties
15. Notices: Communication methods and contact details
16. General Provisions: Miscellaneous legal provisions including severability and amendments
17. Governing Law and Enforcement: Choice of South African law and jurisdiction provisions
1. Security: Required if the loan is secured - details security arrangements and enforcement
2. Guarantee: Required if there are guarantors - terms of guarantee and guarantor obligations
3. Exchange Control: Detailed section needed if complex cross-border elements exist
4. Increased Costs: Optional protection for lender against regulatory cost increases
5. Market Disruption: Required for floating rate loans - handles interest calculation in disruption scenarios
6. Multiple Currencies: Required if loan can be drawn in multiple currencies
7. Syndication Provisions: Required for syndicated loans - includes agency and majority lender provisions
1. Form of Drawdown Request: Standard form for requesting loan disbursements
2. Conditions Precedent Documents: List of required documents and conditions
3. Repayment Schedule: Detailed amortization schedule if term loan
4. Form of Transfer Certificate: Standard form for transferring loan participations
5. Form of Compliance Certificate: Template for periodic compliance reporting
6. Security Documents: Forms of security documents if applicable
7. Exchange Control Approvals: Copies of required regulatory approvals
8. Interest Calculation Examples: Examples showing interest calculation methodology
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Infrastructure Development
Mining & Resources
Manufacturing
Real Estate & Construction
Energy & Utilities
Telecommunications
Agriculture & Agribusiness
Transport & Logistics
Healthcare
Technology
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Finance
Credit
Company Secretariat
Banking Operations
International Relations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Corporate Finance Manager
Investment Officer
Banking Relationship Manager
Financial Controller
Company Secretary
Transaction Manager
Loan Officer
Risk Management Officer
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