Finance / Funding Transactions in brief

Beja Attorneys has competency, and renders services, in various finance or funding transactions. The types of transactions and documentation on which we assist local and regional (borrower and lender) clients include (by way of example):

• 1. Debt and equity finance transactions, including:

conventional / vanilla loan funding transactions (such as term loans, facility loans, working capital loans, expansion loans); and

structured funding transactions (such as notional vendor funding, preference share investment and security transactions)

2. Security structures (including security SPV arrangements, cession and pledge of shares, cession of rights and claims, special and general notarial bonds, guarantees and suretyships, indemnities, and security sharing)

3. Debt restructures

Private Equity Transactions in brief

We advise clients on:

1. Formation of various Private Equity legal structures under South African laws, including drafting, reviewing, negotiating and advising on:

En commandite Partnership Agreements

Trust Deeds

Fund Management Agreements

Key Person Agreements

Investment (and other) Committee Terms of Reference

2. Post-formation transactions relating to Private Equity Funds’ investment acquisition, restructure, refinance and ‘harvesting’/disposal (including working and advising on various governance matters pertaining to Private Equity Funds’ interests in investee entities)

General Corporate Commercial

These include:

Incorporating and forming companies, non-profit companies, trusts, joint ventures and partnerships

Due diligence investigations and reports

Corporate governance in companies, business trusts and other entities

Interpreting (and providing legal opinions on) various commercial agreements and legal instruments

Drafting, reviewing, negotiating, and advising on various commercial agreements and documents, including:

Asset Sale Agreements

Business Sale Agreements

Joint Venture Agreements

Partnership Agreements

Profit Sharing Agreements

Nominee Agency Agreements

Service Agreements

Management Agreements

Distribution Agreements