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Loan Sharing Agreement for South Africa

Loan Sharing Agreement Template for South Africa

This document governs the sharing arrangements between multiple lenders participating in a loan facility under South African law. It establishes the rights, obligations, and relationships between participating lenders, including their respective shares in the loan, payment distribution mechanisms, voting rights, and risk-sharing arrangements. The agreement ensures compliance with South African banking and credit regulations, particularly the National Credit Act, while providing a clear framework for loan administration and decision-making processes among the participating lenders.

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What is a Loan Sharing Agreement?

The Loan Sharing Agreement is a crucial document used when multiple lenders wish to participate in a single loan facility while maintaining clear governance and risk-sharing arrangements. This agreement type is commonly used in South Africa for large-scale financing where the loan amount exceeds a single lender's capacity or risk appetite. The document addresses key aspects such as participation percentages, payment distributions, voting mechanisms, and administrative responsibilities, all while ensuring compliance with South African banking regulations and the National Credit Act. It's particularly relevant for syndicated loans, project finance, and other complex lending arrangements where multiple financial institutions collaborate to provide financing.

What sections should be included in a Loan Sharing Agreement?

1. Parties: Identification of all participating lenders and the borrower(s), including registration details and addresses

2. Background: Context of the loan sharing arrangement, including the original loan facility and reason for participation

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. Loan Participation: Details of each lender's share in the loan, commitment amounts, and participation percentages

5. Administration and Agency: Appointment and role of the facility agent, including administrative responsibilities and powers

6. Payments and Distribution: Mechanism for receiving and distributing payments among participating lenders

7. Risk Sharing: How risks, losses, and recoveries are shared among participating lenders

8. Decision Making: Voting rights and process for making decisions affecting the loan facility

9. Representations and Warranties: Standard representations and warranties from each participating lender

10. Transfer and Assignment: Rules and procedures for transferring loan participations

11. Events of Default: Circumstances constituting default and consequences thereof

12. Confidentiality: Obligations regarding confidential information and data protection

13. Governing Law and Jurisdiction: South African law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

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

1. Security Arrangements: Details of any security or collateral arrangements, used when the loan is secured

2. Special Voting Rights: Special voting or veto rights for major lenders, used when there are significantly different participation levels

3. Interest Rate Sharing: Special arrangements for sharing different interest rates, used when participants have different return requirements

4. Currency Provisions: Provisions for handling multiple currencies, used for international participation

5. Tax Provisions: Specific tax arrangements and gross-up provisions, used when participants have different tax statuses

6. Step-In Rights: Rights of participants to step in and take direct control in certain circumstances, used in complex financing structures

What schedules should be included in a Loan Sharing Agreement?

1. Schedule 1 - Participation Details: Detailed breakdown of each lender's participation amount and percentage

2. Schedule 2 - Form of Transfer Certificate: Standard form for documenting transfers of participation

3. Schedule 3 - Contact Details: Contact information for all parties and authorized representatives

4. Schedule 4 - Payment Instructions: Bank account and payment details for all participating lenders

5. Schedule 5 - Original Loan Terms: Key terms of the original loan facility being shared

6. Appendix A - Compliance Certificates: Forms of compliance certificates required under the agreement

Authors

Alex Denne

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

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions















































Clauses






























Relevant Industries

Banking

Financial Services

Real Estate

Infrastructure

Mining

Manufacturing

Commercial Property

Energy

Telecommunications

Agriculture

Construction

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit

Corporate Banking

Syndications

Investment

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Credit Manager

Relationship Manager

Loan Officer

Compliance Officer

Treasury Manager

Banking Executive

Investment Manager

Financial Controller

Debt Capital Markets Manager

Syndication Manager

Industries





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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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