The Debt Trust Deed is a fundamental document in South African debt capital markets transactions, used when an entity wishes to issue debt securities through a trust structure. It creates a trust arrangement whereby a trustee holds rights and security on behalf of the noteholders, ensuring their collective interests are protected. This document is essential for both listed and unlisted debt issuances, incorporating requirements from South African trust law, securities regulations, and financial markets legislation. The deed typically supports various financing structures, from simple corporate bonds to complex structured finance transactions, and can accommodate multiple series of notes under a single trust framework. It's particularly valuable when raising capital from multiple investors who require a coordinated approach to their rights and security interests.
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1. Parties: Identification of the Issuer, Trustee, and Security Trustee (if applicable)
2. Background: Context of the debt issuance and purpose of the trust arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the deed and interpretation rules
4. Appointment of Trustee: Terms of trustee appointment, acceptance, and establishment of the trust
5. Declaration of Trust: Creation of the trust and declaration of the trust property
6. Issue of Notes: Terms and conditions governing the issuance of debt securities
7. Trust Property: Definition and treatment of trust assets and property
8. Powers and Duties of Trustee: Detailed responsibilities, powers, and obligations of the trustee
9. Security Structure: Details of security arrangements and enforcement mechanisms
10. Covenants: Issuer's obligations and undertakings
11. Events of Default: Circumstances constituting default and consequences
12. Meetings of Noteholders: Procedures for noteholder meetings and voting rights
13. Remuneration and Indemnification: Trustee compensation and protection provisions
14. Modification and Waiver: Procedures for amending the deed and waiving breaches
15. Termination: Conditions and procedures for terminating the trust
16. Notices: Communication procedures between parties
17. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions
1. Security Trustee Provisions: Additional provisions when a separate security trustee is appointed
2. Multiple Series Provisions: Provisions for multiple series or tranches of notes
3. Limited Recourse Provisions: Limitations on recourse against the issuer in specific structures
4. Priority of Payments: Waterfall provisions for complex financing structures
5. Register Provisions: Detailed provisions regarding the maintenance of noteholder registers
6. Parallel Debt: Provisions for creating parallel debt in cross-border transactions
7. Tax Provisions: Specific tax-related provisions and gross-up obligations
1. Form of Notes: Template and terms of the debt securities
2. Conditions of the Notes: Detailed terms and conditions applicable to the notes
3. Provisions for Meetings of Noteholders: Detailed procedures for noteholder meetings
4. Form of Transfer Certificate: Template for transferring notes between holders
5. Security Documents: Forms of security agreements and guarantees
6. Financial Covenants: Detailed financial covenants and calculation methodologies
7. Form of Accession Deed: Template for new parties joining the trust arrangement
8. Fee Schedule: Details of trustee and agent fees
9. Notice Details: Contact information for all parties
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