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The Loan Agreement Deed is a formal legal instrument used in South African financing transactions to document and secure lending arrangements between parties. This document type is particularly relevant when parties require a high degree of formality and security in their lending arrangement, typically involving significant loan amounts or complex security structures. The deed format provides enhanced enforceability under South African law and is commonly used in both commercial and private lending scenarios. The document must comply with the National Credit Act 34 of 2005, the Financial Sector Regulation Act, and other relevant South African legislation. It includes comprehensive provisions for loan terms, security arrangements, compliance requirements, and enforcement mechanisms, making it suitable for complex financing transactions requiring robust legal documentation.

1. Parties: Identification and details of the Lender and Borrower, including registration numbers for companies or ID numbers for individuals

2. Background: Context of the loan agreement and purpose of the facility

3. Definitions and Interpretation: Definitions of terms used in the agreement and rules of interpretation

4. The Loan: Principal amount, purpose, and drawdown conditions

5. Interest and Fees: Interest rate, calculation method, and applicable fees in compliance with NCA caps

6. Repayment Terms: Repayment schedule, method of payment, and early repayment provisions

7. Conditions Precedent: Conditions that must be satisfied before the loan becomes available

8. Representations and Warranties: Statements of fact and assurances given by the Borrower

9. Borrower Covenants: Ongoing obligations and restrictions on the Borrower

10. Events of Default: Circumstances constituting default and consequences

11. Notices: How formal communications between parties should be made

12. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement

13. Signature: Execution clause and signing provisions