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Finance
May 23, 2023

Market Trends 2022/2023: Amend and Extend Provisions

Do you need to know the latest and greatest on amend and extend provisions in credit agreements? Review this Market Trends practice note to gain insights on current market trends in amend and extend provisions found in publicly filed credit agreements from the...

May 16, 2023

New Video! Perfecting Security Interests

Looking to perfect security interests in collateral? This four-minute video will teach attorneys the methods prescribed under the UCC to ensure that third parties are on notice of the existence of your security interest in collateral. READ NOW » Related...

May 09, 2023

The Client Asks: Is This Acquisition Permitted?

Review this practice note providing a step-by-step guide to determine whether a borrower or other loan party may make an acquisition under an existing credit agreement—whether an acquisition of equity interests, a new subsidiary, a business unit, or a hard...

May 02, 2023

New Video! Lien Searches

The lien search is a necessary part of legal due diligence in the early stages of a financing transaction. Watch Practical Guidance’s new four-minute video on lien searches to learn the importance of conducting lien searches for Uniform Commercial Code (UCC...

April 26, 2023

Competitive Bid Loan Provisions: Q4 2022/Q1 2023 Update

A competitive bid loan facility is a feature that can be added to a credit agreement to provide additional pricing flexibility for investment grade borrowers. Competitive bid loans allow the borrower to solicit bids from its lenders to provide loans on maturities...

April 18, 2023

Market Trends 2022/2023: Reserve-Based Loan Credit Agreements in the Oil and Gas Industry

Read this practice note for an overview of reserve-based loans (RBLs) in the oil and gas (O&G) industry. RBLs are a type of asset-based loan commonly used in the upstream O&G industry, especially among non-investment grade companies. This practice note...

April 11, 2023

New Video! Investment Grade vs. Leveraged Loans

Be sure to watch this video when planning a financing transaction! It provides an overview of two segments of the loan market: investment grade loans and leveraged loans. Investment grade loans represent the safest segment of the loan market for lenders. On the...

April 04, 2023

Silicon Valley Bank Failure – Key Questions and Considerations for Borrowers and Lenders

What questions are borrowers and lenders asking in the wake of the Silicon Valley Bank failure? Read this article discussing the key issues involved in the bank’s collapse, including background information, the impact on lending transactions in the United...

March 28, 2023

Trends in Unrestricted Subsidiary Provisions: Q1 2023 Update

Unrestricted subsidiaries typically are designated by the borrower and excluded as subsidiaries for purposes of covenant compliance in the credit agreement. Unrestricted subsidiary provisions have become a very common feature in leverage lending, finding their...

March 21, 2023

In-House Banking and Financial Services Resource Kit

Shock waves are being felt across the financial services industry as three regional banks, Silvergate Capital Corporation, Silicon Valley Bank, and Signature Bank, succumb to liquidity challenges and were placed into receivership with the Federal Deposit Insurance...

March 14, 2023

New Video! Debt Securities and Syndicated Loans

Watch this new video providing an overview of debt securities and syndicated loans. Companies seeking to raise capital through financing have essentially three options: incur debt, issue equity, or do both. This video discusses the major financing options companies...

March 07, 2023

Trends in Covenant-Lite Loans: Q4 2022 Update

Covenant-lite features have become very common in leveraged lending, both in cash flow financings and asset-based lending. While the terms and structures of covenant-lite loans vary, aside from the lack of maintenance covenants, covenant-lite loans often have loosened...

February 28, 2023

The UCC Goes Digital

Read this practice note outlining and analyzing the final draft of the 2022 Uniform Commercial Code (UCC) amendments concerning digital assets and other emerging technologies. The 2022 amendments provide a long-awaited framework for lenders to gain some comfort...

February 21, 2023

The Client Asks: Are We Perfected?

Your client calls and asks whether a specific asset is properly perfected. This call could come from a lender, perhaps wondering whether it is secured ahead of a workout negotiation, or from the borrower itself, maybe interested in selling the asset free of such...

February 14, 2023

Market Standards: Trends in Refinancing Amendment Provisions

Review this practice note discussing recent market trends in refinancing amendment provisions in publicly filed credit agreements. Refinancing amendment provisions allow a borrower to refinance all or a portion of its outstanding loans under a credit agreement...

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