Sponsor Support Agreement Template for South Africa

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Key Requirements PROMPT example:

Sponsor Support Agreement

"I need a Sponsor Support Agreement for a renewable energy project in South Africa, where three international sponsors will provide cost overrun support and working capital commitments up to R500 million, with specific provisions for currency hedging and multiple sponsor coordination."

Document background
The Sponsor Support Agreement serves as a critical document in South African project finance transactions, providing additional security and comfort to lenders by establishing legally binding support obligations from project sponsors. This agreement becomes particularly important in large-scale infrastructure, energy, and resource projects where project revenues alone may not provide sufficient security for lenders. The document details various forms of support, including cost overrun funding, working capital support, and completion undertakings, while ensuring compliance with South African regulatory requirements, including the Companies Act, Financial Advisory and Intermediary Services Act, and exchange control regulations. The agreement typically works in conjunction with other project finance documents and may be required by lenders as a condition precedent to financial close.
Suggested Sections

1. Parties: Identifies the sponsor(s), project company, and any security trustee or agent

2. Background: Describes the project context, financing arrangements, and purpose of the sponsor support

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Support Obligations: Details the nature and extent of support commitments from sponsors

5. Trigger Events: Specifies circumstances that activate sponsor support obligations

6. Payment Mechanics: Procedures and timeframes for providing financial support

7. Representations and Warranties: Sponsor statements regarding capacity, authority, and financial condition

8. Covenants: Ongoing obligations of sponsors, including maintenance of financial capacity

9. Duration and Release: Term of support obligations and conditions for release

10. Events of Default: Circumstances constituting breach and consequences

11. Remedies: Rights and actions available upon default

12. Miscellaneous: Standard provisions including notices, amendments, governing law

Optional Sections

1. Cost Overrun Support: Specific provisions for sponsor funding of project cost overruns

2. Working Capital Support: Provisions for operational cash flow support

3. Technical Support: Terms for provision of technical or operational assistance

4. Market Support: Provisions for market-related support such as product offtake

5. Subordination Provisions: Required when sponsor support takes the form of subordinated debt

6. Multiple Sponsor Provisions: Required when there are multiple sponsors to address burden-sharing

7. Step-In Rights: Provisions allowing sponsors to take control in specific circumstances

8. Currency Protection: Required for cross-border support arrangements

Suggested Schedules

1. Form of Support Notice: Template for requesting sponsor support

2. Calculation of Support Amounts: Methodology for determining support requirements

3. Project Documents: List of key project agreements referenced

4. Support Budget: Estimated support requirements and timing

5. Form of Sponsor Letter of Credit: Template for standby support instruments

6. Corporate Information: Sponsor corporate and authorization details

7. Financial Covenants: Detailed financial maintenance requirements

8. Payment Instructions: Banking and account details for support payments

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

Infrastructure

Energy

Mining

Renewable Energy

Oil & Gas

Transportation

Real Estate Development

Manufacturing

Telecommunications

Healthcare Infrastructure

Water & Sanitation

Relevant Teams

Legal

Finance

Treasury

Project Management

Risk Management

Compliance

Corporate Development

Investment

Operations

Technical Services

Relevant Roles

Chief Financial Officer

Project Finance Manager

Legal Counsel

Project Director

Risk Manager

Treasury Manager

Investment Director

Corporate Finance Manager

Compliance Officer

Financial Controller

Project Sponsor Representative

Security Trustee Representative

Development Finance Executive

Infrastructure Finance 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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