Security Sharing Agreement Template for South Africa

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Key Requirements PROMPT example:

Security Sharing Agreement

"I need a Security Sharing Agreement for a syndicated loan facility involving three South African banks and two international lenders, where Bank ABC acts as Security Trustee, with the security package including both movable and immovable property for a mining project in Johannesburg."

Document background
The Security Sharing Agreement is essential in complex financing arrangements where multiple parties hold security interests over the same assets. This document, governed by South African law, is commonly used in syndicated lending, project finance, and corporate restructuring scenarios where multiple creditors need to establish their respective rights and priorities regarding shared security. The agreement ensures compliance with South African financial regulations while providing a clear framework for security administration, enforcement procedures, and proceeds distribution. It addresses key requirements under various South African legislation, including the Companies Act, Financial Intelligence Centre Act, and Financial Sector Regulation Act, while establishing mechanisms for effective coordination between security holders.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including security holders and any security trustee or agent

2. Background: Context of the security sharing arrangement, including reference to underlying facilities and security documents

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

4. Security Trust: Establishment of security trust arrangements if applicable, including appointment and powers of security trustee

5. Sharing of Security: Core provisions detailing how security interests are shared between parties

6. Priority and Ranking: Order of priority between secured parties and ranking of security interests

7. Administration of Security: Procedures for managing and administering the shared security

8. Enforcement: Rights and procedures for enforcing security, including trigger events and decision-making process

9. Proceeds Application: Rules for distributing proceeds from security enforcement

10. Representations and Warranties: Standard representations and warranties from each party

11. Costs and Expenses: Allocation of costs related to the agreement and security administration

12. Changes to Parties: Procedures for transfers, assignments and accession of new parties

13. Notices: Communication procedures between parties

14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, etc.

Optional Sections

1. Security Agent Provisions: Detailed provisions regarding the appointment, powers, and duties of a security agent, used when a security agent structure is preferred over a trustee structure

2. Intercreditor Provisions: Additional provisions governing relationship between different classes of creditors, used when there are multiple tiers of debt

3. Standstill Provisions: Provisions governing enforcement moratorium periods, used in complex multi-party arrangements

4. New Security: Procedures for adding new security to the sharing arrangement, used when future security interests are contemplated

5. Voting Mechanisms: Detailed voting procedures for decision-making, used in arrangements with multiple creditors

6. Currency Provisions: Provisions dealing with multiple currencies, used when security involves multiple jurisdictions or currencies

Suggested Schedules

1. Form of Accession Deed: Standard form for new parties joining the agreement

2. Security Documents: List and details of all security documents covered by the sharing arrangement

3. Contact Details: Contact information for all parties and authorized representatives

4. Secured Obligations: Detailed description of all secured obligations covered by the arrangement

5. Priority Rankings: Detailed breakdown of priority rankings and waterfalls

6. Form of Transfer Certificate: Standard form for transferring rights under the agreement

7. Security Assets: Comprehensive list and description of all security assets covered

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Corporate Finance

Real Estate

Infrastructure

Mining

Manufacturing

Energy

Telecommunications

Commercial Property

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Finance

Credit

Company Secretarial

Transaction Management

Security Administration

Relevant Roles

Chief Financial Officer

Legal Counsel

Finance Director

Treasury Manager

Corporate Finance Manager

Security Trustee

Compliance Officer

Risk Manager

Transaction Manager

Corporate Secretary

Banking Relationship Manager

Financial Controller

Security Agent

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

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