If so, then review this practice note providing an overview of demand guarantees. It includes a discussion of direct guarantees in common domestic transactions and indirect guarantees and counter-guarantees in typical international trade situations. READ NOW...
Check out our Finance Fundamentals Resource Kit today! This resource kit provides an overview of a financing transaction from the negotiation of commitment papers to the documentation of the loan documents to closing and post-closing mechanics. READ NOW »...
Explore our Alternative Reference Rate Loans Tracker that identifies new publicly-filed loans with interest rates based on reference rates other than SOFR or LIBOR. This new tracker is based on publicly-filed credit agreements available on Market Standards, the...
Before negotiating with counsel when drafting an intercreditor agreement, make sure you are up to speed on the respective rights, liabilities, and obligations of multiple creditors with respect to each other, the borrower, and the collateral. READ NOW »...
This practice note provides an overview of reserve-based loans (RBLs) in the oil and gas (O&G) industry. RBLs are a type of asset-based loan that are commonly used in the upstream O&G industry, especially among non-investment grade companies. This practice...
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...
Learn how mezzanine finance occupies the space in middle (or in-between) debt and equity and why it’s considered a hybrid form of finance. This practice note provides an overview of the typical terms, primary documentation, and key issues attorneys must consider...
Read this article discussing interest rate floors for SOFR rate loans. Interest rate floors are a common tool by lenders in commercial loans to ensure that they will always earn a certain minimum yield on their loan. This article discusses how the floor transfers...
Most financings begin with a commitment. This practice note describes the commitment letter and term sheet and how they relate to financing transactions. It details the main provisions of these agreements, including those specific to acquisition financings and...
We can help. Use this easy-to-follow checklist of items you should consider when implementing and documenting non-LIBOR interest rates in commercial loan transactions. This checklist serves as a general guideline for counsel representing a party in a commercial...
Explore our sustainability-linked loans tracker that identifies new publicly filed sustainability-linked loans since September 1, 2021. Sustainability-linked loan provisions provide an incentive to borrowers (generally in the form of lower interest rates) for hitting...
Anti-hoarding provisions limit a borrower’s ability to stockpile cash under its revolving line of credit to shore up liquidity in the event of an economic downturn in the oil and gas market. While the use of these provisions has declined in recent years,...
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. It provides materials on opinion practice, including...
We’ve got you covered. Check out this practice note providing an overview of refinancing amendment provisions in publicly filed credit agreements from 2021. Refinancing amendment provisions allow a borrower to refinance all or a portion of its outstanding...
Read this article discussing trends in benchmark succession clauses in recent credit agreements using benchmark rates other than LIBOR. Despite the shift away from LIBOR and the critical importance of benchmark replacement setting clauses, benchmark succession...