Exhibit 10.43
Execution Copy
27 August 2008
NET1 UEPS TECHNOLOGIES, INC.
as the Company
and
INVESTEC BANK (UK) LIMITED
as the Lender
_________________________________
CHARGE OVER DEPOSITS
_________________________________
Herbert Smith LLP
TABLE OF CONTENTS
Clause
Headings
Page
1.
DEFINITIONS, CONSTRUCTION AND THIRD PARTY RIGHTS
1
2.
COVENANTS TO PAY
3
3.
SECURITY
4
4.
FURTHER ASSURANCE
4
5.
GENERAL UNDERTAKINGS WITH RESPECT TO CHARGED ASSETS
5
6.
RIGHTS OF THE LENDER
5
7.
EXONERATION
6
8.
PROTECTION OF PURCHASERS
7
9.
POWER OF ATTORNEY AND DELEGATION
7
10.
APPLICATION OF MONIES RECEIVED UNDER THIS DEED
8
11.
RELEASE OF SECURITY
8
12.
AMOUNTS PAYABLE
8
13.
REPRESENTATIONS AND WARRANTIES
9
14.
NEW ACCOUNTS
11
15.
MISCELLANEOUS
11
16.
CALCULATIONS AND CERTIFICATES
13
17.
NOTICES
14
18.
COUNTERPARTS
15
19.
LAW
15
20.
ENFORCEMENT
15
THIS DEED is made on 27 August 2008
BETWEEN:
IT IS AGREED as follows:
1
(1) NET1 UEPS TECHNOLOGIES INC (a company incorporated in Florida with registration number
P97000041098 ) whose registered office is at 100 North Tampa, Suite 2200, Tampa, Florida (the
"Company" ); and
(2) INVESTEC BANK (UK) LIMITED (the "Lender" ).
1. DEFINITIONS, CONSTRUCTION AND THIRD PARTY RIGHTS
1.1 Definitions
Terms defined in the Facility Agreement shall, unless otherwise defined in this Deed or unless a contrary
intention appears, bear the same meaning when used in this Deed and the following terms shall have the
following meanings:
1.1.1"Account" means the account of the Company with the Lender, being account number [ ], and
includes any replacement account or sub-division of that account.
"Business Day" means a day (other than a Saturday or Sunday) on which banks are open