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Assignment Of Debt Agreement
"I need an Assignment of Debt Agreement for transferring a corporate loan of R5 million from ABC Financial Services (Pty) Ltd to XYZ Investment Holdings, with the assignment to take effect from March 1, 2025."
1. Parties: Identifies the Assignor (current creditor), Assignee (new creditor), and where relevant, acknowledgment by the Debtor
2. Background: Explains the existence of the original debt, the Assignor's right to assign it, and the intention to assign
3. Definitions: Defines key terms used in the agreement, including 'Debt', 'Original Agreement', 'Effective Date', and other relevant terms
4. Assignment: Core clause that legally transfers the debt from Assignor to Assignee
5. Purchase Price: States the consideration paid by the Assignee for the assignment of the debt
6. Warranties and Representations: Assignor's warranties regarding ownership of the debt, right to assign, and status of the debt
7. Delivery of Documents: Obligations regarding the transfer of supporting documentation and notices
8. Notifications: Requirements and process for notifying the Debtor of the assignment
9. Governing Law and Jurisdiction: Specifies South African law as governing law and jurisdiction for disputes
10. General Provisions: Standard clauses including entire agreement, variation, and severability
1. Security: Include when the original debt is secured by collateral or guarantees
2. Debtor Consent: Include when the original agreement requires debtor consent for assignment
3. Further Assurance: Include when additional actions may be needed to perfect the assignment
4. Tax Provisions: Include when there are specific tax implications that need to be addressed
5. Costs and Expenses: Include when there are specific arrangements about who bears the costs of the assignment
6. Confidentiality: Include when sensitive commercial information is involved
7. Anti-Money Laundering Compliance: Include when either party is a regulated entity or for high-value assignments
1. Schedule 1 - Details of the Debt: Detailed description of the debt being assigned, including amount, interest rate, and payment terms
2. Schedule 2 - Original Agreement: Copy of the original agreement creating the debt
3. Schedule 3 - Payment History: Statement showing the current balance and payment history of the debt
4. Schedule 4 - Security Documents: Copies of any security documents, guarantees, or collateral agreements
5. Appendix A - Form of Notice to Debtor: Template for the notice to be sent to the Debtor informing them of the assignment
6. Appendix B - Supporting Documents: List and copies of all relevant supporting documents
Authors
Assignee
Assignor
Assignment Date
Business Day
Ceded Rights
Claim
Completion Date
Confidential Information
Debt
Debtor
Default Interest Rate
Effective Date
Encumbrance
Event of Default
Execution Date
Financial Indebtedness
Governing Law
Initial Agreement
Interest
Material Adverse Effect
Notice
Original Credit Agreement
Outstanding Amount
Parties
Payment Date
Principal Amount
Purchase Price
Related Rights
Security
Security Documents
Settlement Date
Signature Date
Supporting Documents
Tax
Transaction
Transfer
Warranties
Assignment
Purchase Price
Payment Terms
Transfer and Delivery
Representations and Warranties
Undertakings
Security
Notifications
Further Assurance
Costs and Expenses
Confidentiality
Data Protection
Anti-Money Laundering
Compliance with Laws
Force Majeure
Default
Remedies
Indemnification
Governing Law
Jurisdiction
Dispute Resolution
Notices
Amendment
Severability
Waiver
Entire Agreement
Assignment and Transfer
Third Party Rights
Counterparts
Good Faith
Breach
Termination
Banking & Financial Services
Insurance
Debt Collection
Legal Services
Asset Management
Commercial Real Estate
Healthcare
Retail
Manufacturing
Professional Services
Telecommunications
Legal
Finance
Credit Control
Risk Management
Compliance
Treasury
Debt Collection
Corporate Development
Accounts Receivable
Investment
Portfolio Management
Legal Counsel
Chief Financial Officer
Finance Manager
Credit Manager
Debt Collection Manager
Risk Manager
Compliance Officer
Corporate Lawyer
Financial Controller
Treasury Manager
Portfolio Manager
Business Development Manager
Commercial Director
Accounts Receivable Manager
Investment Manager
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