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Assignment Of Payment Agreement
"I need an Assignment of Payment Agreement under South African law for my manufacturing company to assign monthly equipment lease payments of R500,000 to a factoring company, with the assignment to commence from March 2025 and include recourse rights."
1. Parties: Identifies and defines the Assignor (original payment recipient), Assignee (party receiving the payment rights), and where relevant, the Debtor (party obligated to make the payment)
2. Background: Explains the context of the original payment obligation and the purpose of the assignment
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules
4. Assignment: Core provision detailing the assignment of payment rights from Assignor to Assignee
5. Payment Terms: Specifies the payment amount, payment date(s), and payment method
6. Warranties and Representations: Assignor's warranties regarding ownership and right to assign the payment
7. Obligations of the Parties: Details the ongoing obligations of each party post-assignment
8. Notice Requirements: Procedures for notifying the Debtor and requirements for other communications
9. Governing Law and Jurisdiction: Specifies South African law as governing law and jurisdiction for disputes
10. General Provisions: Standard boilerplate clauses including entire agreement, amendment process, and severability
1. Security Provisions: Include when additional security is provided for the assigned payment
2. Recourse Rights: Include when the Assignee has rights of recourse against the Assignor if payment fails
3. Conditions Precedent: Include when the assignment is subject to fulfillment of certain conditions
4. Anti-Money Laundering Compliance: Include for high-value assignments or when required by FICA
5. Tax Provisions: Include when there are specific tax implications or requirements
6. Confidentiality: Include when sensitive commercial information is involved
7. Further Assurance: Include when additional documentation or actions may be required post-signing
1. Schedule 1 - Payment Details: Detailed breakdown of the payment(s) being assigned including amounts and dates
2. Schedule 2 - Original Agreement Extract: Relevant excerpts from the agreement giving rise to the payment obligation
3. Schedule 3 - Form of Notice to Debtor: Template notice to be sent to the Debtor regarding the assignment
4. Appendix A - Supporting Documents: Copies of relevant supporting documentation (e.g., invoices, purchase orders)
5. Appendix B - Payment Instructions: Bank account details and payment processing instructions
6. Appendix C - Power of Attorney: If required, authorization for Assignee to act on behalf of Assignor
Authors
Assigned Rights
Assignment Date
Assignor
Assignee
Business Day
Debtor
Default Event
Effective Date
Encumbrance
Event of Default
Governing Law
Notice
Original Agreement
Outstanding Amount
Payment
Payment Date
Payment Rights
Permitted Assignment
Related Rights
Security Interest
Signature Date
Supporting Documents
Transfer
Outstanding Balance
Notification Period
Relevant Jurisdiction
Parties
Recourse Rights
Representatives
Security
Specified Account
Transaction
Valid Claim
Working Day
Writing
Payment Terms
Warranties and Representations
Security
Notice Requirements
Default
Remedies
Indemnification
Further Assurance
Costs and Expenses
Confidentiality
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Assignment and Transfer
Governing Law
Jurisdiction
Dispute Resolution
Notices
Third Party Rights
Counterparts
Termination
Recourse
Anti-Money Laundering
Data Protection
Tax
Authority and Capacity
Successors and Assigns
Banking and Financial Services
Commercial Real Estate
Construction
Manufacturing
Mining
Professional Services
Retail
Infrastructure Development
Agriculture
Energy
Telecommunications
Legal
Finance
Treasury
Credit Control
Accounts Receivable
Risk Management
Commercial Operations
Corporate Finance
Debt Collection
Business Development
Chief Financial Officer
Financial Director
Legal Counsel
Contract Manager
Credit Manager
Treasury Manager
Accounts Receivable Manager
Risk Manager
Commercial Director
Finance Manager
Legal Officer
Debt Collection Manager
Business Development Manager
Corporate Finance Manager
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