This blog was co-authored by Eric Geldenhuys, candidate attorney at Norton Rose Fulbright South Africa
Markets globally have transitioned from USD LIBOR to the Secured Overnight Financing Rate (SOFR) and from British Pound Sterling LIBOR to the Sterling Overnight Index Average (SONIA). Following the global markets, South Africa is transitioning from JIBAR to the South
How does the COVID-19 pandemic affect borrowers and lenders and their financing arrangements?
A Material Adverse Effect (MAE) clause is included in most finance agreements. It is a catch-all concept to capture unpredictable and unforeseen events or circumstances that would otherwise be difficult to incorporate into the agreement specifically.
Broadly, a MAE clause covers a