Facility Agreement

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Facility Agreement

Facility Agreement

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

DATE

{{date}}

PARTIES

[1] {{Lender_Company_Name}} (Registration Number: {{Lender_Registration_Number}}), a company duly incorporated in accordance with the laws of {{Lender_Jurisdiction}}, with its registered office at {{Lender_Address}} (hereinafter referred to as "the Lender");

AND

[2] {{Borrower_Company_Name}} (Registration Number: {{Borrower_Registration_Number}}), a company duly incorporated in accordance with the laws of {{Borrower_Jurisdiction}}, with its registered office at {{Borrower_Address}} (hereinafter referred to as "the Borrower").

1. DEFINITIONS AND INTERPRETATION

1.1. In this Agreement, unless the context otherwise requires, the following terms shall have the meanings ascribed to them:

"Agreement" means this Facility Agreement, including all schedules and annexures hereto, as may be amended from time to time.

"Business Day" means any day other than a Saturday, Sunday or public holiday in {{Relevant_Country}}.

"Default" means any event or circumstance specified in Clause 8.

"Facility" means the loan facility made available by the Lender to the Borrower in terms of this Agreement.

"Facility Amount" means the principal amount of {{currency}} {{facility_amount}}.

"Interest Rate" means {{interest_rate}}% per annum.

"Maturity Date" means {{maturity_date}}.

"Repayment Schedule" means the schedule of repayments attached hereto as Annexure A.

1.2. Clause headings are for convenience only and shall not affect the interpretation of this Agreement.

2. THE FACILITY

2.1. The Lender hereby agrees to make available to the Borrower a term loan facility in the aggregate principal amount of the Facility Amount.

2.2. The Facility shall be advanced to the Borrower on {{advance_date}}.

3. INTEREST

3.1. Interest shall accrue on the outstanding principal amount of the Facility at the Interest Rate, calculated daily and compounded {{compounding_frequency}}.

3.2. Interest shall be payable {{interest_payment_frequency}} in arrears, commencing on {{first_interest_payment_date}}.

4. REPAYMENT

4.1. The Borrower shall repay the Facility Amount, together with all accrued interest, in accordance with the Repayment Schedule.

4.2. All payments shall be made in {{currency}} to the Lender's nominated bank account, free of any deductions or set-off.

5. REPRESENTATIONS AND WARRANTIES

5.1. The Borrower represents and warrants to the Lender that:

(a) It is duly incorporated and has the power to enter into and perform its obligations under this Agreement.

(b) The execution and performance of this Agreement does not violate any law or agreement to which it is a party.

(c) All information provided to the Lender in connection with this Facility is true, accurate and complete.

6. COVENANTS

6.1. The Borrower undertakes to:

(a) Maintain proper books and records.

(b) Provide the Lender with financial statements upon request.

(c) Notify the Lender immediately of any event of Default or potential Default.

7. SECURITY

7.1. As security for its obligations under this Agreement, the Borrower shall provide {{description_of_security}}.

8. EVENTS OF DEFAULT

8.1. Each of the following events shall constitute an event of Default:

(a) Failure by the Borrower to pay any amount due under this Agreement on its due date.

(b) Breach by the Borrower of any material term of this Agreement.

(c) Insolvency or commencement of business rescue proceedings in respect of the Borrower.

9. GOVERNING LAW AND JURISDICTION

9.1. This Agreement shall be governed by and construed in accordance with the laws of {{Governing_Law_Country}}.

9.2. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of {{Jurisdiction_City}}, {{Jurisdiction_Country}}.

10. NOTICES

10.1. Any notice given under this Agreement shall be in writing and sent to the addresses of the parties as set out above, or such other address as a party may notify to the other from time to time.

SIGNATURES

THUS DONE AND SIGNED at {{Lender_Signing_Place}} on this {{Lender_Signing_Day}} day of {{Lender_Signing_Month}} {{Lender_Signing_Year}}.

_____________________________

For and on behalf of {{Lender_Company_Name}}

Name: {{Lender_Signatory_Name}}

Designation: {{Lender_Signatory_Designation}}

THUS DONE AND SIGNED at {{Borrower_Signing_Place}} on this {{Borrower_Signing_Day}} day of {{Borrower_Signing_Month}} {{Borrower_Signing_Year}}.

_____________________________

For and on behalf of {{Borrower_Company_Name}}

Name: {{Borrower_Signatory_Name}}

Designation: {{Borrower_Signatory_Designation}}