The Master Loan Agreement serves as the primary documentation for establishing a lending relationship between financial institutions and borrowers in South Africa. It is particularly useful when parties anticipate multiple loans or credit facilities over time, as it provides a standardized framework that can be efficiently implemented through simpler drawdown notices rather than negotiating new agreements for each loan. The agreement must comply with South African banking regulations, the National Credit Act, and other relevant legislation. It typically includes detailed provisions for facility limits, drawdown procedures, security arrangements, representations and warranties, and events of default. This type of agreement is commonly used in corporate lending, project finance, and other commercial financing arrangements where a long-term lending relationship is anticipated.
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1. Parties: Identification of the Lender and Borrower, including registration details and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the master loan facility
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan facility, including nature, purpose, and general terms
5. Conditions Precedent: Conditions that must be satisfied before any loan can be drawn
6. Drawdown Procedures: Process and requirements for requesting and receiving loan disbursements
7. Interest and Fees: Calculation and payment of interest, fees, and other charges
8. Repayment Terms: General terms for repayment of loans, including payment schedules and methods
9. Representations and Warranties: Statements of fact and assurances given by the Borrower
10. Borrower Covenants: Ongoing obligations and restrictions on the Borrower
11. Events of Default: Circumstances constituting default and consequences thereof
12. Remedies: Lender's rights and remedies upon default
13. General Provisions: Standard contractual terms including notices, amendments, and governing law
1. Security: Include when loans under the facility are to be secured by collateral or guarantees
2. Multiple Borrowers: Include when facility allows for multiple borrowers or group structures
3. Currency Provisions: Include for facilities allowing drawdowns in multiple currencies
4. Insurance Requirements: Include when specific insurance coverage is required for the facility
5. Syndication Provisions: Include when the facility may be syndicated to multiple lenders
6. Increased Costs and Tax Gross-up: Include for sophisticated borrowers or cross-border lending
7. Assignment and Transfer: Include when rights under the agreement may be transferred
8. Subordination: Include when the loan needs to be subordinated to other debt
1. Schedule 1 - Facility Limits and Pricing: Details of facility amounts, interest rates, and fee structures
2. Schedule 2 - Form of Drawdown Notice: Standard form for requesting loan disbursements
3. Schedule 3 - Conditions Precedent Documents: List of required documents and conditions for initial and subsequent drawdowns
4. Schedule 4 - Repayment Schedule: Template for loan repayment schedules
5. Schedule 5 - Security Details: Description of security arrangements and collateral (if applicable)
6. Schedule 6 - Compliance Certificate: Form for periodic confirmation of compliance with agreement terms
7. Appendix A - Calculation of Interest and Fees: Detailed methodology for calculating interest and fees
8. Appendix B - Borrower Group Structure: Organization chart and details of borrower group (if applicable)
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Corporate Finance
Real Estate
Manufacturing
Mining
Retail
Technology
Agriculture
Infrastructure
Healthcare
Energy
Telecommunications
Construction
Transportation
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Commercial
Business Development
Company Secretariat
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Compliance Officer
Credit Manager
Risk Manager
Commercial Director
Business Development Manager
Financial Controller
Company Secretary
Banking Relationship Manager
Loan Officer
Credit Analyst
Financial Analyst
Corporate Banking Manager
Investment Manager
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