Director

Andre van den Berg

Banking & Finance

Johannesburg, South Africa

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Languages

English

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Andre is a Banking and Finance lawyer based in Johannesburg.

He has experience in general transactional banking and finance, including leveraged and syndicated leveraged finance, asset finance, acquisition finance, real estate financing and preference share financing transactions. He also has experience in renewable energy project finance transactions and has been involved in a number of major local and international financing transactions.

Andre also has experience as a senior in-house counsel in both the fintech and telecoms industries.

Awards & Recognitions

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They are very knowledgeable, efficient and professional. They specialise in corporate, commercial and banking law and have an excellent track record.

Chambers & Partners, South Africa, 2024
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The firm handled complex matters with speedy turnaround, and with a good balance between the legal versus the pragmatic.

Chambers & Partners, South Africa, 2024
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We were able to conclude the requisite transactions in record time, largely due to the very strong service levels of CMS.

Chambers & Partners, South Africa, 2024
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The team is very reactive and responsive.

Chambers & Partners, South Africa, 2025
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The team's dedication to excellence and client satisfaction is evident in every interaction, as they consistently deliver top-notch service tailored to meet the unique needs of each client.

Chambers & Partners, South Africa, 2025
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The team at CMS is very commercially savvy.

Chambers & Partners, South Africa, 2025
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I found the CMS South Africa banking team to be great at working closely with the clients to better understand their needs and providing customised legal advice solutions that enable efficient and speedy resolutions of the matters at hand.

Legal 500, South Africa, 2025
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The whole team did a great job. Andre van den Berg was very responsive and provided concise, on point advice that saved us time and ensured that we dealt our matters speedily. Riza Moosa provided sound advice and successfully led the tough negotiations.

Legal 500, South Africa, 2025

Relevant experience

African Parks Network - assisted as the lead legal advisors with a last-minute ‘lifeline’ in a major purchase and rhino rewilding project for 2,000 African rhinos.
Structured finance - advised a consortium of private lenders on the structuring and implementation of an innovative structured finance arrangement in an amount of ZAR100 000 000. Involving the subscription for notes and units issued by a leading South African private credit investment manager and the back-to-back issuance of notes to a leading South African investment bank for the benefit of third party credit-linked noteholders to facilitate pension fund access to certain debt instruments.
A leading black owned and controlled investment company – advised in relation to term loan facilities in an amount, in aggregate, of up to ZAR463 000 000 made available by Nedbank for the group's general corporate funding requirements.
Development Bank of Southern Africa Limited – advised the DBSA, as equity funder, in relation to two 100MW Solar PV projects, with the African Rainbow Energy Fund and SOLA Group Proprietary Limited as project sponsors and Tronox Mineral Sands Proprietary Limited as the sole off-taker, being the first projects of their kind to come online under the reformed energy regulatory environment in South Africa.
Nedbank (as lender to Talbot Integrated Services Proprietary Limited) – in relation to the senior and mezzanine term loan facilities, in aggregate, in the amount of ZAR67 200 000 for purposes of funding the construction of a water recovery plant at Kariega, Eastern Cape.
Advised on the structuring and implementation of a maiden loan, in an amount of ZAR100 000 000, by a new mezzanine debt fund provided to a provider of end-to-end loan administration services, including, among others, debt consolidation, rehabilitation, collections and deduction services on behalf of participating employers.
A consortium of leading South African lenders – advised on the increase of an existing overdraft facility in the amount of R150 million to a leading South African infrastructure and resources company, together with the provision of a borrowing base facility to the borrower in the amount of R450 million, and on various intercreditor arrangements and security in the form of debt guarantees, cessions and pledged stock, which included advising on collateral management arrangements.
A leading South African mezzanine debt fund – advised the lender in relation to the provision of a mezzanine term loan, in an amount of ZAR75 000 000, to a provider of micro loans for the refinancing of certain existing obligations and general working capital purposes.
Rand Merchant Bank and Nedbank as lenders to Respublica Proprietary Limited and Respublica Student Living Proprietary Limited - in relation to the corporate restructuring of the group, its development funding and long term debt and security arrangements.
Rand Merchant Bank as lender to Newpark Towers Proprietary Limited and Renlia Developments Proprietary Limited - in relation to the restructuring of the Newpark group by the listing of Newpark REIT Limited on the "Diversified REITs" sector on the Alternative Exchange of the Johannesburg Stock Exchange.
Rand Merchant Bank - in relation to a EUR205 000 000 bridge loan facility to be made available to a Dutch affiliate of a leading South African listed property fund for purposes of acquiring two significant European commercial property developments, in Belgrade, Serbia and in Podgorica, Montenegro.
Rand Merchant Bank, as lender to Redefine Properties Limited and the Fountainhead Property Trust - in relation to the acquisition by Redefine of the business and property portfolio of Fountainhead.
Rand Merchant Bank as lender to Capital Property Fund Limited group - in relation to the conversion of long term loan facilities provided by Rand Merchant Bank to the Capital Property Fund group to notes issued by Capital Property Fund Limited under its domestic medium term note programme.
Rand Merchant Bank as lender to Redefine Properties Limited - in relation to the conversion of long term loan facilities provided by Rand Merchant Bank to Redefine to notes issued by Redefine under its domestic medium term note programme.
Rand Merchant Bank as lender to the Sycom Property Fund - in relation to the conversion of Sycom into a Real Estate Investment Trust and the associated restructuring of the Sycom loan facilities.
Dimopoint Proprietary Limited - in relation to the acquisition of the Aveng group’s property portfolio.
Rand Merchant Bank - in relation to the long term financing made available to Resilient Properties Proprietary Limited for the purposes of property acquisition financing and general funding requirement.
Nedbank - on the senior term loan facility provided to the ARM Broad-Based Economic Empowerment Trust in relation to the refinancing of its long term senior debt.
A consortium of leading South African and international lenders led by Nedbank and Absa, including Nedbank (acting through its London branch), HSBC Bank plc (acting through its Johannesburg Branch) and JPMorgan Chase Bank, N.A., London Branch - in relation to the refinancing by Harmony Gold Mining Company Limited of its long term US dollar facilities for the development of its mining operations in Papua New Guinea.
A leading South African bank - in relation to the provision of a ZAR300 000 000 equivalent gold loan to a leading South African mining house.
Nedbank and Absa - in relation to revolving credit facilities provided to the Pan African Resources plc group for the acquisition by Pan African Resources of Evander Gold Mines Limited.
Advised Nedbank, Absa and Rand Merchant Bank - on the senior revolving credit facility provided to the Pan African Resources plc group for purposes of refinancing existing facilities, financing capital expenditure and general corporate and working capital requirements.
Nedbank - in relation to the long term financing made available to the Universal Industries Corporation Limited group in respect of the leveraged buyout of the group by a consortium led by Ethos Private Equity.
Nedbank - in relation to the long term financing made available to the Kevro Proprietary Limited group in respect of the leveraged buyout of the group by a consortium led by Ethos Private Equity.
Commonwealth Bank of Australia - in relation to the long term debt refinancing provided by Commonwealth Bank of Australia to a joint venture between Teekay Shipping Limited and Marubeni Corporation in respect of an 82 000 DWT liquefied natural gas carrier.
Lenders in relation to the long term debt refinancing provided by, amongst others, Crédit Agricole, Corporate and Investment Bank to Mediterranean Shipping Company S.A. - in respect of three 105 000 DWT container ships.
Nedbank - in relation to the issuance of and subscription for preference shares in the Invicta Holdings Limited group.
Nedbank - on a preference share and revolving credit facility funding transaction for the Petmin Limited group related to the acquisition by a BEE partner of an amount of the share capital in Tendele Coal Mining Proprietary Limited.
Sponsors and the borrower - in relation to the bid submission and financing of the 100MW Kaxu Solar One concentrated solar power parabolic trough project under phase one of the Department of Energy’s renewable energy independent power producer procurement programme.
Sponsors and the borrower - in relation to the bid submission and financing of the 50MW Khi Solar One concentrated solar power tower project under phase one of the Department of Energy’s renewable energy independent power producer procurement programme.
Lenders - in relation to the bid submission and financing of the 138,6MW Cookhouse wind farm power project under phase one of the Department of Energy’s renewable energy independent power producer procurement programme.
Maia Capital Partners - in the provision of a mezzanine loan facility in the amount of R100 million to FinCredit Proprietary Limited to address the need in the market for more affordable credit products aimed at low to middle income households.
Tamela - in providing a mezzanine loan facility in the amount of R30 million to The Digs, a company that provides purpose built student accommodation at the medical and health campus at the University of Stellenbosch.

Publications

Memberships & Roles

Legal Practice Council, Gauteng

Awards & Rankings

Education

2008 – LL.B, University of the Witwatersrand
2006 – B.Com, University of the Witwatersrand

Practice Areas

Banking & Finance

sectors

Hospitality, Travel & Leisure Infrastructure & Projects TMC - Technology, Media & Communications

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Andre van den Berg

Banking & Finance

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Memberships & Roles

Awards & Rankings

Education

Practice Areas

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