Course Details:

• “Relevant companies”
• Conflict between representations, conditions precedent, undertakings and events of default
• The Pari Passu clause
• The negative pledge
• The cross default clause
• The material adverse change clause
• Linking the loan to the borrower’s rating
• “Material”, “reasonable” worth the debate?
• Grace periods
• Prepayment events
• Subjectivity and control in the context of events of default

What you will learn:

• Understand the essential elements of various loan transactions
• Appreciate how to avoid the conflict between representations conditions precedent undertakings and events of default
• Gain a thorough understanding of different forms of contractual support and their advantages and disadvantages as compared with claims in debt
• Discuss a variety of issues and comments on the loan agreement which are commonly raised by borrowers
• Improve your knowledge of other common financing documents including a contract assignment and a subordination agreement
• Be able to negotiate key clauses in a financing package
• Master the important legal issues which commonly arise in a financing transaction including trusts and fiduciary duties

Requirements:

No experience required

Who can attend:

• In-house lawyers in banks and financial institutions
• Bankers concerned with the negotiation of loans
• Bank executive involved in the documentation of loans
• Lawyers in private practice who advise clients on loan agreements
• Corporate counsel
• Credit control officers
• Credit administration officers

Learn by doing:

• Understand the essential elements of various loan transactions
• Appreciate how to avoid the conflict between representations, conditions precedent, undertakings and events of default
• Gain a thorough understanding of different forms of contractual support and their advantages and disadvantages as compared with claims in debt
• Discuss a variety of issues and comments on the loan agreement which are commonly raised by borrowers
• Improve your knowledge of other common financing documents including a contract assignment and a subordination agreement
• Be able to negotiate key clauses in a financing package
• Master the important legal issues which commonly arise in a financing transaction including trusts and fiduciary duties.