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Revenue Loan Agreement for South Africa

Revenue Loan Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes the terms and conditions for a revenue-based loan facility. The agreement details the mechanism for loan repayment based on the borrower's revenue performance, including specific revenue calculation methodologies, payment schedules, and reporting requirements. It incorporates provisions compliant with the South African National Credit Act and related financial regulations, while establishing clear rights and obligations for both the lender and borrower regarding revenue sharing, information disclosure, and default scenarios.

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Revenue Loan Agreement

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What is a Revenue Loan Agreement?

The Revenue Loan Agreement serves as a critical financial instrument for businesses seeking alternative funding solutions in the South African market. This document is particularly useful for companies with stable revenue streams who prefer revenue-linked repayment structures over traditional fixed repayment loans. The agreement complies with South African financial regulations, including the National Credit Act and Companies Act, while providing flexibility in loan repayment based on business performance. It includes comprehensive provisions for revenue calculation, reporting mechanisms, lender protections, and borrower obligations. This type of agreement is increasingly popular among scale-up businesses and those seeking growth capital without diluting equity or committing to fixed monthly payments.

What sections should be included in a Revenue Loan Agreement?

1. Parties: Identification of the Lender and Borrower, including registration details and addresses

2. Background: Context of the revenue loan agreement, purpose of the loan, and basic commercial intent

3. Definitions and Interpretation: Definitions of key terms including 'Revenue', 'Payment Period', 'Revenue Share Percentage' and interpretation rules

4. Loan Amount and Purpose: Specification of the loan amount, disbursement conditions, and permitted use of funds

5. Revenue Share Mechanism: Detailed explanation of how revenue will be calculated, reporting periods, and payment calculations

6. Payment Terms: Payment schedule, calculation methods, payment procedures, and revenue share adjustments

7. Representations and Warranties: Standard and specific representations by the Borrower regarding business, revenue, and capacity

8. Borrower Covenants: Positive and negative covenants including revenue reporting, business conduct, and operational requirements

9. Information and Audit Rights: Lender's rights to financial information, revenue verification, and audit procedures

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

11. Remedies: Lender's rights and remedies upon default or breach

12. Boilerplate Clauses: Standard legal provisions including notices, amendments, governing law, and jurisdiction

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

1. Security: Include when the loan is secured by specific assets or guarantees

2. Minimum Revenue Guarantees: Include when there are minimum revenue requirements or guarantees

3. Exit and Prepayment: Include when early repayment or business sale provisions are relevant

4. Revenue Exclusions: Include when certain revenue streams are to be excluded from calculations

5. Multiple Lenders: Include when there are multiple lenders or syndication provisions

6. Intellectual Property: Include when IP rights are relevant to revenue generation or security

7. Parent Company Guarantees: Include when parent company guarantees are required

What schedules should be included in a Revenue Loan Agreement?

1. Revenue Calculation Methodology: Detailed methodology for calculating applicable revenue and payment amounts

2. Form of Revenue Report: Template for periodic revenue reporting by the Borrower

3. Initial Business Plan: Borrower's business plan and revenue projections

4. Conditions Precedent: List of conditions to be satisfied before loan disbursement

5. Security Details: Details of any security or collateral provided

6. Key Performance Indicators: Specific KPIs to be monitored and reported

7. Permitted Revenue Exclusions: Detailed list of revenue streams excluded from calculations

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions












































Clauses

































Relevant Industries

Technology and Software

E-commerce

Retail

Healthcare Services

Professional Services

Manufacturing

Hospitality

Subscription-based Businesses

Media and Entertainment

Financial Services

Telecommunications

Education and Training

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Commercial

Credit

Corporate Development

Business Development

Executive Leadership

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Commercial Director

Treasury Manager

Financial Controller

Risk Manager

Compliance Officer

Business Development Director

Managing Director

CEO

Company Secretary

Credit Manager

Investment Manager

Financial Analyst

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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