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Loan Indemnity Agreement for South Africa

Loan Indemnity Agreement Template for South Africa

A comprehensive legal document governed by South African law that provides protection to lenders by establishing a third party's obligation to indemnify against losses arising from a loan agreement. The agreement creates a primary obligation on the indemnifier to compensate the lender for any losses, distinct from a guarantee under South African law. It includes detailed provisions for payment terms, enforcement mechanisms, and compliance with South African banking and credit regulations, particularly the National Credit Act and Financial Sector Regulation Act.

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Loan Indemnity Agreement

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What is a Loan Indemnity Agreement?

The Loan Indemnity Agreement is a crucial document in South African financial transactions where additional security is required for loan facilities. It is commonly used when a third party (often a parent company or related entity) agrees to protect a lender against losses arising from a borrower's default or other specified events. This document type is distinct from guarantees under South African law, creating a primary rather than secondary obligation. The agreement must comply with South African banking regulations, including the National Credit Act and Financial Intelligence Centre Act requirements. It typically includes detailed provisions on the scope of indemnity, payment mechanisms, enforcement rights, and may be accompanied by security arrangements. The document is particularly relevant in corporate group structures, project finance, and high-value commercial lending transactions where additional risk mitigation is required.

What sections should be included in a Loan Indemnity Agreement?

1. Parties: Identification of the Indemnifier, Lender, and Borrower with their full legal details

2. Background: Context of the loan agreement and explanation of why the indemnity is being provided

3. Definitions: Definitions of key terms used throughout the agreement, including 'Loan Agreement', 'Secured Obligations', and 'Indemnified Amount'

4. Scope of Indemnity: Detailed description of what obligations are covered by the indemnity

5. Nature of Indemnity: Specification that this is a primary obligation and not merely a guarantee

6. Payment Terms: Terms and conditions for making payments under the indemnity, including timing and method

7. Duration: Period for which the indemnity remains valid and conditions for termination

8. Representations and Warranties: Legal statements and assurances made by the Indemnifier

9. Enforcement: Rights and remedies available to the Lender in case of default

10. Notices: Process and requirements for formal communications between parties

11. General Provisions: Standard legal clauses including governing law, jurisdiction, and severability

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

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

2. Step-In Rights: Include when the Lender needs rights to take over certain obligations or contracts

3. Corporate Authority: Include when the Indemnifier is a corporate entity, detailing their authority to enter into the agreement

4. Assignment: Include when parties need the ability to transfer their rights under the indemnity

5. Currency Provisions: Include for cross-border transactions involving multiple currencies

6. Tax Provisions: Include when specific tax implications need to be addressed

7. Financial Covenants: Include when ongoing financial requirements are imposed on the Indemnifier

What schedules should be included in a Loan Indemnity Agreement?

1. Form of Demand: Template for making formal demands under the indemnity

2. Original Loan Agreement: Copy of the underlying loan agreement being indemnified

3. Security Details: Details of any security provided (if applicable)

4. Corporate Authorizations: Copies of relevant corporate approvals and resolutions

5. Payment Mechanics: Detailed procedures for making and processing payments

Authors

Alex Denne

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

Jurisdiction

South Africa

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Banking and Financial Services

Real Estate

Commercial Property

Manufacturing

Mining

Retail

Agriculture

Construction

Infrastructure Development

Energy

Telecommunications

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit Administration

Corporate Secretariat

Banking Operations

Deal Advisory

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Credit Manager

Risk Manager

Treasury Manager

Compliance Officer

Banking Executive

Loan Officer

Corporate Secretary

Financial Controller

Senior Legal Advisor

Banking 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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