Review this practice note providing a step-by-step guide for determining if a borrower or other loan party may make an acquisition under an existing credit agreement—whether it involves acquiring equity interests, a new subsidiary, a business unit, or a hard...
Early on in a loan transaction, the parties should discuss and agree on the expected content of the schedules to the credit agreement. This practice note describes how to prepare, review, and update the schedules appended to a credit agreement, focusing on the...
Read this practice note discussing how a borrower may exercise its additional permitted debt capacity under a credit agreement. This practice note also looks at market trends in most favored nation (MFN) clauses in publicly file credit agreements through 2024....
Discover the latest trends in refinancing amendments that are reshaping credit agreements. Our in-depth analysis highlights key changes and their implications for your practice. The data analyzed in this practice note was obtained using Market Standards , Practical...
Check out this practice note discussing the “waterfall” of an intercreditor agreement. A waterfall refers to the order of application of funds or proceeds and is a repayment mechanism by which funds from a loan are paid out in an enforcement scenario...
Unlock the complexities of cross-border financing. This resource kit provides an overview of these international deals encompassing a variety of structures, including loans to non-U.S. borrowers and guarantees or security interests granted by non-U.S. loan parties...
Agents play a critical role in a syndicated credit facility. Discover how these key players navigate negotiations, manage syndicates, and ensure smooth transactions. Don't miss out on insights that could enhance your practice and client outcomes! Read now...
Before negotiating with counsel when drafting an intercreditor agreement, make sure you are up to speed on the rights, liabilities, and obligations of multiple creditors with respect to each other, the borrower, and the collateral. Discover how these agreements...
Unlock the complexities of commitment letters and term sheets. Discover how these crucial documents shape financing transactions and gain insights that could enhance your practice. This practice note details the main provisions of these documents, including those...
Read this practice note to 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...
Discover how sustainability-linked loans are transforming the finance industry by aligning financial incentives with environmental goals. Dive into our latest practice note to explore recent trends and learn how these innovative financial instruments can drive...
Don’t miss out on insights that could transform your financial strategies! Review this new practice note by A&O Shearman providing guidance for lenders and borrowers entering into or considering recuring revenue-based financing. This practice note discusses...
Stay ahead of the curve and explore how artificial intelligence (AI) is reshaping the landscape of credit agreements—this new tracker identifies provisions in credit agreements that address AI. Parties to credit agreements have started including provisions...
Lenders typically require an opinion from borrower’s counsel in connection with a financing transaction. Review this resource kit for an overview of the process of drafting and delivering legal opinions. This resource kit provides guidance materials on opinion...
Review this practice note identifying new Term SOFR market trends. Although benchmark replacement provisions are not as critical as when replacing LIBOR upon its cessation, such fallback provisions remain important and have transitioned to replacing primarily Term...