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Credit Support Agreement Template for South Africa

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Key Requirements PROMPT example:

Credit Support Agreement

"I need a Credit Support Agreement under South African law for a bilateral arrangement between our mining company and a local bank, with basic credit support provisions and standard collateral requirements to be effective from March 2025."

Document background
The Credit Support Agreement is a crucial document used in South African financial markets to mitigate credit risk between contracting parties. It is typically employed when one party seeks to secure its obligations to another through various forms of credit support, such as cash collateral, guarantees, or other eligible assets. The agreement must comply with South African financial regulations, including the National Credit Act 34 of 2005 and the Financial Advisory and Intermediary Services Act 37 of 2002. This document is essential in various contexts, including derivatives trading, lending arrangements, and other financial transactions where credit risk needs to be managed. The agreement outlines the mechanics of providing and maintaining credit support, including calculation methods, timing of transfers, eligible collateral types, and enforcement mechanisms, all within the framework of South African law.
Suggested Sections

1. Parties: Identification of the credit support provider, beneficiary, and any other relevant parties

2. Background: Context of the agreement, including reference to underlying obligations and purpose of the credit support

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including South African law-specific definitions

4. Credit Support Obligations: Core obligations of the credit support provider, including nature, extent, and conditions of support

5. Representations and Warranties: Standard and South Africa-specific representations and warranties from both parties

6. Support Calculation and Valuation: Methods for calculating and valuing credit support amounts

7. Delivery and Return of Credit Support: Procedures and timing for providing and returning credit support

8. Events of Default: Circumstances constituting default and consequences

9. Early Termination: Provisions for early termination and its consequences

10. Rights and Remedies: Legal rights and remedies available to parties under South African law

11. Costs and Expenses: Allocation of costs, expenses, and taxes

12. Notices: Communication procedures and contact details

13. Governing Law and Jurisdiction: Confirmation of South African law governance and jurisdiction

14. General Provisions: Standard boilerplate clauses adapted for South African law

Optional Sections

1. Multiple Currencies: Provisions for handling multiple currencies in credit support calculations and transfers

2. Interest Provisions: Terms for interest on cash collateral, if applicable

3. Regulatory Compliance: Specific provisions for compliance with additional regulatory requirements

4. Third Party Rights: Provisions regarding rights of third parties, if relevant

5. Security Interest: Detailed security interest provisions if credit support involves specific assets

6. Tax Provisions: Detailed tax provisions if complex tax implications exist

7. Agent Provisions: Terms governing appointment and role of agents, if applicable

8. Credit Support Adjustment: Mechanisms for adjusting credit support requirements based on rating changes or other triggers

Suggested Schedules

1. Credit Support Details: Detailed specifications of eligible credit support and valuation percentages

2. Calculation Methods: Detailed methodology for calculating exposure and credit support amounts

3. Notice Details: Complete contact information and notice requirements for all parties

4. Form of Demands: Standard forms for making demands under the agreement

5. Eligible Collateral: List and specifications of acceptable forms of collateral

6. Transfer Timing: Detailed timing requirements for transfers of credit support

7. Authorized Signatories: List of authorized signatories and specimen signatures

8. Required Documents: List of required supporting documentation and compliance certificates

Authors

Alex Denne

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

Relevant legal definitions


























































Clauses








































Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Corporate Finance

Asset Management

Trading and Commodities

Private Equity

Real Estate

Infrastructure

Mining

Energy

Relevant Teams

Legal

Treasury

Risk Management

Compliance

Finance

Credit

Operations

Trading

Collateral Management

Corporate Finance

Securities Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Risk Manager

Credit Risk Officer

Legal Counsel

Compliance Officer

Financial Controller

Corporate Finance Manager

Trading Manager

Collateral Manager

Finance Director

Commercial Director

Credit Manager

Securities Operations Manager

Relationship Manager

Industries







Teams

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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