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Corporate Law | Banking and Finance Lawyers
 
 
 
   Legislation
  • Drafts of the Credit Rating Services Bill and Financial Markets Bill released for public comment  Read more
  • The Pension Fund, Collective Schemes and Security Services industries exempted from the Consumer Protection Act  Read more
  • Draft amendments to binder regulation published for public comment  Read more

 
   Case Law
  • Further clarity: recklessness under the Companies Act  Read more
  • A mortgagee has a right to be joined in proceedings that affect property in which it has a real right, but may not have the right to relief  Read more
  • The right of a credit provider to terminate debt review in terms of the National Credit Act   Read more
  • The Court examines the effect of contractual undertakings pursuant to bridging finance  Read more
  • The Supreme Court of Appeal reiterates the principles of prescription  Read more
  • The Courts take a closer look at default interest provisions  Read more
  • The Constitutional Court declares default judgment unconstitutional  Read more

 
   New Deals
  1. Assisted Sumitomo Trust and Banking Corporation Limited in respect of a ZAR300,000,000 Term Loan Facility provided to Toyota Financial Services (South Africa) Proprietary Limited.

  2. Advised Commerzbank Aktiengesellschaft, HSBC Bank plc, ING Bank N.V. and Mizuho Corporate Bank Limited in respect of a US$285,000,000 Term Loan Facility provided to The Standard Bank of South Africa Limited.

  3. Acted for Metorex in respect of Project Finance Facility in an amount of US$50,000,000 from Standard Bank South Africa to fund the construction of a copper mine in the Democratic Republic of Congo.

  4. Acted for Rand Merchant Bank in respect of Funding of a Preference Share provision to Titan to acquire shares in Brait and Pepkor in an amount of ZAR1,100,000,000.

  5. Acted for Nedbank in respect of refinancing of a Preference Share Facility made available to Tiso Group Proprietary Limited in contemplation of a merger between Tiso and Kagiso.

  6. Acted for Nedbank, Rand Merchant Bank and Standard Bank in respect of a Preference Fund made available to Staff Trust to acquire equity shares in the merged company Kagiso-Tiso Holdings.

  7. Advised Commerzbank Aktiengesellschaft, HSBC Bank plc, ING Bank N.V. and Mizuho Corporate Bank, Ltd. as Mandated Lead Arrangers in connection with a US$285,000,000 Term Loan Facility provided to a South African borrower.

  8. Assisted Goldman Sachs International, Credit Suisse Securities (Europe) Limited, Standard Chartered Bank and Rand Merchant Bank in connection with the issue of US$300,000,000 due 2016 issued as Series 1 to be listed on the Regulated Market of the London Stock Exchange plc under the African Bank Limited (the Issuer) US$1,000,000,000 Euro Medium Term Note Programme.

  9. Assisted Basil Read (Proprietary) Limited and Nedbank Capital, a division of Nedbank Limited on 30 June 2011 with the issue of ZAR150,000,000 Senior Unsecured Floating Rates Notes due 1 July 2013 under its ZAR1,000,000,000 Domestic Medium Term Note Programme.

  10. Assisted Calgro M3 Developments Proprietary Limited and Nedbank Capital, a division of Nedbank Limited on 22 July 2011 with the issue of ZAR22,500,000 Floating Rate Notes due 22 July 2014 (Tranche 1, Series 8) issued under the Calgro M3 Developments (Proprietary) Limited ZAR300,000,000 Debt Programme.

  11. Advised Letshego Holdings Limited and Renaissance BJM Securities (Proprietary) Limited in connection with the establishment of the ZAR2,500,000,000 and BWP2,500,000,000 Medium Term Note Programme and the listing thereof on the Interest Rate Market of the JSE Limited in the Republic of South Africa for the issue of notes by the Issuer under the Programme.

  12. Advised Toyota Financial Services (South Africa) (Proprietary) Limited and The Standard Bank of South Africa Limited, acting through its Corporate and Investment Banking division in connection with the issue of Tranche 1 of Series 83 ZAR260,000,000 Senior Unsecured Floating Rate Notes due 28 July 2015 (TFS83) and Tranche 1 of Series 84 ZAR500,000,000 Senior Unsecured Fixed Rate Notes due 28 July 2006 (TFS84) under the Issuer’s ZAR5,000,000,000 Domestic Medium Term Note Programme.

  13. Assisted Barloworld Limited (“Barloworld”) and Rand Merchant Bank, a division of FirstRand Bank Limited in connection with the issue of ZAR614,000,000 Senior Unsecured Floating Rate Notes due 1 October 2016 (BAW 10) under the Barloworld Limited ZAR10,000,000,000 Domestic Medium Term Note and Commercial Paper Programme.

  14. Assisted Barloworld and Nedbank Capital, a division of Nedbank Limited in connection with the Senior Unsecured Zero Coupon Notes issued under the Barloworld ZAR10,000,000,000 Domestic Medium Term Note and Commercial Paper Programme.

  15. Acted for Clindeb Investments (Proprietary) Limited (“Clindeb”) and Nedbank Capital, a division of Nedbank Limited, in respect of the issue of  ZAR400,000,000 Senior Unsecured Zero Coupon Notes due 11 August 2011 under Clindeb’s ZAR3,500,000,000 Domestic Note Programme.

  16. Acted for Toyota Financial Services (South Africa) (Proprietary) Limited (“ToyFin”) and Rand Merchant Bank, a division of FirstRand Bank Limited, in respect of the issue of ZAR400,000,000 Senior Unsecured Zero Coupon Notes due 8 August 2011 under ToyFin’s ZAR5,000,000,000 Domestic Medium Term Note Programme.

  17. Acted for Barloworld Limited (“Barloworld”) and Nedbank Capital, a division of Nedbank Limited, in respect of the issue of ZAR400,000,000 Zero Notes due 22 July 2011 under Barloworld’s ZAR10,000,000,000 Domestic Medium Term Note and Commercial Paper Programme.

  18. Acted for Unitrans Services (Proprietary) Limited (“Unitrans”) and Rand Merchant Bank, a division of FirstRand Bank Limited, in respect of the issue of ZAR150,000,000 Senior Unsecured Floating Rate Notes due 19 April 2014 under Unitrans’ ZAR3,500,000,000 Domestic Medium Term Note Programme.

  19. Acted for Unitrans Services (Proprietary) Limited (“Unitrans”) and Rand Merchant Bank, a division of FirstRand Bank Limited, in respect of the issue of ZAR150,000,000 Senior Unsecured Floating Rate Notes due 19 April 2016 under Unitrans’ ZAR3,500,000,000 Domestic Medium Term Note Programme.

  20. Acted for Unitrans Services (Proprietary) Limited (“Unitrans”) and Rand Merchant Bank, a division of FirstRand Bank Limited, in respect of the issue of ZAR200,000,000 Senior Unsecured Floating Rate Notes due 6 April 2015 under Unitrans’ ZAR3,500,000,000 Domestic Medium Term Note Programme.

  21. Acted for Nedbank Capital, a division of Nedbank Limited, and Quartile Capital (Proprietary) Limited (as Managers), in respect of the issue ZAR468,027,900 9.97% Senior Unsecured Floating Rate Notes due 21 April 2021 under Rand Water’s ZAR5,000,000,000 Domestic Medium Term Note Programme.

  22. Acted for Barloworld Limited (“Barloworld”) in respect of the issue of ZAR614,000,000 Senior Unsecured Floating Rate Notes due 1 October 2016 and ZAR460,000,000 Senior Unsecured Fixed Rate Notes due 1 October 2018 under Barloworld’s ZAR10,000,000,000 Domestic Medium Term Note and Commercial Paper Programme.

  23. Acted for Sappi Southern Africa (Proprietary) Limited (“Sappi”) in the update of Sappi’s ZAR5,000,000,000 Domestic Medium Term Note Programme.

  24. Acted for African Bank Limited (“African Bank”) in the issue of U.S.$300,000,000 6.000% Notes due 2016 under African Bank’s US$1,000,000,000 Euro Medium Term Note Programme.

  25. Acted for Buffelsfontein Gold Mines Limited ("Buffels") and its ultimate holding company, Simmer and Jack Mines Limited in relation to a Forward Gold Sale Agreement entered into with Deutsche Bank AG, pursuant to which Buffels raised US$25,000,000.

  26. Advised Metorex in relation to a Term Financing Facility to the value of US$40,000,000 to be provided by Standard Chartered Bank (UK) and Standard Chartered Bank Zambia to Chibuluma Mines PLC Zambia, for its funding requirements relating to the Kinsenda Mine, in the DRC.

  27. Acted for SA Calcium Carbide (Pty) Ltd (“SA Calcium Carbide”) and its Spanish shareholder, Carmonivest Andina SL, in relation to a Financing Transaction to the value of R100, 000 000.00 with the Industrial Development Corporation of South Africa Limited to provide SA Calcium Carbide funding for the construction and operation of an eight megawatts co-generation facility registered as a clean development mechanism.

  28. Acted for Coal of Africa in connection with a US$50,000,000 Loan Facility provided by Deutsche Bank.

  29. Acted as South African legal advisers to Goldman Sachs International, UBS Limited and Barclays Bank PLC (as Arrangers and Representatives of the Initial Purchasers) in connection with the issuance of €355,000,000 10.000% Senior Secured Notes due 2018 and $350,000,000 9.625% Senior Secured Notes due 2018 issued by Kinove German Bonco GmbH.

  30. Advised Macquarie Securities (South Africa) Proprietary Limited and the Trustees for the time being of the Buffshelf 39 Trust in their subscription for preference shares in Y-Investment (Pty) Ltd as part of a funding arrangement for an undisclosed amount.

in this issue

  • Drafts of the Credit Rating Services Bill and Financial Markets Bill released for public comment Drafts of the Credit Rating Services Bill and Financial Markets Bill released for public comment
  • The Pension Fund, Collective Schemes and Security Services industries exempted from the Consumer Protection Act The Pension Fund, Collective Schemes and Security Services industries exempted from the Consumer Protection Act
  • Draft amendments to binder regulation published for public comment Draft amendments to binder regulation published for public comment
  • Further clarity: recklessness under the Companies Act Further clarity on recklessness under the Companies Ac
  • A mortgagee has a right to be joined in proceedings that affect property in which it has a real right, but may not have the right to relief A mortgagee has a right to be joined in proceedings that affect property in which it has a real right, but may not have the right to relief
  • The right of a credit provider to terminate debt review in terms of the National Credit Act  The right of a credit provider to terminate debt review in terms of the National Credit Act
  • The Court examines the effect of contractual undertakings pursuant to bridging finance The Court examines the effect of contractual undertakings pursuant to bridging finance 
  • The Supreme Court of Appeal reiterates the principles of prescription The Supreme Court of Appeal reiterates the principles of prescription
  • The Courts take a closer look at default interest provisions The Courts take a closer look at default interest provisions
  • The Constitutional Court declares default judgment unconstitutional  The constitutional challenge against provisional sentence procedure
  • Recent Deals Recent Deals
       
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    Senior Associate | Banking and Finance
    Lithemba Velleman
    (Senior Associate)
    Lithemba Velleman is a Senior Associate in the Banking and Finance Department of Bowman Gilfillan. Lithemba has advised local and international banks and investment houses on Acquisition and Leveraged Finance, Asset Finance (Rail) and syndicated and single-lender bank lending, on both local law and foreign law-based transactions.

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    165 West Street
    Sandton
    Johannesburg

    Tel: +27 (0) 11 669 9000
    Fax: +27 (0) 11 669 9001

    SA Reserve Bank Building
    60 St Georges Mall
    Cape Town

    Tel: +27 (0) 21 480 7800
    Fax: +27 (0) 21 424 1688

    info@bowman.co.za
    www.bowman.co.za
    www.bowmangilfillan.mobi

    Disclaimer: This publication is not intended to constitute legal advice which can only be given having regard to particular facts and circumstances. Any liability that would or could arise from or of the contents hereof is hereby excluded. Always seek professional advice from a suitably qualified lawyer on any specific legal problem or matter.