Learn about the fees generally incurred in connection with a loan financing. This practice note provides practice tips on formulating the fee letter that documents these and related provisions, including market flex, securities demand, and alternative transaction...
A “waterfall” provision in an intercreditor agreement 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. Review this practice note to understand the...
Get the guidance, templates, and clauses you need for closing the deal. This resource kit provides an overview of the closing and post-closing process, addressing the individual documents and deliverables due at closing, payoff and funding mechanics, preparing...
Agents play a critical role in a syndicated credit facility. This practice note discusses the two main types of agents, the administrative agent and the collateral agent, and the roles they play in a lending transaction. READ NOW » Related Content ...
Early on in a loan transaction, the parties should discuss and agree on the expected content of the schedules to the credit agreement. Review this practice note describing how to prepare, review, and update the schedules that are appended to a credit agreement...
Make sure you are up to date on the latest trends in increased costs and yield protection provisions in credit agreements. This practice note discusses current market trends in publicly filed credit agreements from the last quarter of 2021 and the beginning of...
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...