Read this new practice note providing an overview of unrestricted subsidiary provision trends. Unrestricted subsidiaries typically are designated by the borrower and excluded as subsidiaries for purposes of covenant compliance in the credit agreement. The data...
Learn how to use confidentiality agreements in financing transactions. Confidentiality or non-disclosure agreements are used by borrowers and potential lenders contemplating a proposed financing transaction to ensure that information delivered during negotiations...
Watch this new video discussing reserve-based loans (RBLs). Oil and gas (O&G) exploration and production activities are capital intensive. O&G companies have several main ways of financing these activities, including equity financing, third-party high-yield...
Read this new practice note discussing current market trends in amend and extend provisions in publicly filed credit agreements from the second half of 2023 and the first quarter of 2024. The data analyzed in this practice note was obtained using Market Standards...
Watch this new video discussing the concession contract, which governs the relationship between a governmental authority (which, in the context of cross-border project finance will typically be the host government) and the project company. Read now » ...
Watch this new video discussing off-take contracts used in project finance transactions. An off-take contract is a contract under which a third party (the off-taker) agrees to buy a certain amount of the product produced over an agreed upon time period by a project...
Interest rate replacement clauses became very important in the transition from LIBOR to Term SOFR. Now that Term SOFR has become the prevalent benchmark interest rate, the benchmark replacement provisions have adjusted to cover the contingency of Term SOFR or the...
Need to comply with the Corporate Transparency Act (CTA)? Add these clauses to your credit agreement to address the requirements for the borrower and the lender to collect and review beneficial ownership information under the CTA. Read now » Related Content...
Are you working with a borrower that is subject to securities laws and regulations? Be sure to protect any confidential information you may come across as you negotiate your transaction. Learn how to comply with Regulation FD and the actions you must take to comply...
Review this new practice note discussing recent market trends in publicly-filed sustainability-linked loans (SLL). SLL provisions provide an incentive to borrowers (generally in the form of lower interest rates) for hitting predefined green targets, such as decreasing...
Do you need a refresher on how to properly secure your client’s security interests in collateral under the UCC? Doing so will make sure that your client is properly perfected. This resource kit makes all our information available at your fingertips! Read...
Watch this new video discussing the perfection of security interests in ships and oceangoing vessels; aircraft; intellectual property such as patents, trademarks, and copyrights; and life insurance policies. What ties these asset types together are preemption and...
Watch this new video discussing how lenders can minimize the risks posed by usury laws. Usury laws limit the amount of interest lenders can collect on their loans. Penalties for making loans in excess of this amount include the loss of interest payments and, in...
Check out this new video discussing environmental due diligence issues in lending transactions. The ever-growing number of environmental laws has dramatically affected the way lenders perceive environmental risks. The impact of such laws has generally given rise...
Read this new practice note by Anthony Rapa , Blank Rome LLP, providing an overview of geopolitical risk trends impacting cross-border investors. This note discusses foreign direct investment review mechanisms, such as review by the Committee on Foreign Investment...