Your client calls and asks whether the sale of an asset is permitted under its credit agreement or whether such a sale triggers a mandatory prepayment. A prohibition or restriction under an existing credit agreement could impact the structure or timing of the transaction—or...
Are you a visual learner? Check out this visual checklist providing an overview of the due diligence to be performed by the lender and its counsel when evaluating a guarantor for a commercial real estate acquisition financing transaction. Read now » Related...
Watch this video for an overview of the use of confidentiality agreements in financing transactions. A confidentiality agreement is entered into between two parties to a potential transaction to ensure that information delivered during negotiations is kept confidential...
Review this new practice note providing an overview of municipal bonds. This practice note focuses on the features of general obligation bonds and revenue bonds and reviews some basic features and conditions of debt that is tax-exempt under the Internal Revenue...
Review this market trend practice note for an overview of covenant-lite loans in today’s market. The term covenant-lite broadly refers to borrower-friendly loan transactions having limited or no maintenance-based financial covenants. The practice note discusses...
Check out our new video providing an overview of the two main agents in a syndicated credit facility: the administrative agent and the collateral agent. The administrative agent typically has the most significant relationship with the borrower and plays a leading...
Make sure you are up to date on the latest trends in equity cure rights in credit agreements. Equity cure rights permit an investment of cash in the borrower—typically made by a holding company, sponsor, or other shareholder—to allow the borrower to...
It’s always good to remember the basics. Review this resource kit for a fresh primer on drafting, reviewing, and negotiating a credit agreement. This resource kit is your one-stop shop for quickly accessing Practical Guidance resources for all provisions...
Review the market trends in bridge loans. This practice note discusses current market trends in publicly filed credit agreements and commitment letters from 2021 and 2022. The data analyzed in this practice note was obtained using Market Standards , which contains...
Your lender client just called and notified you that its borrower is on the verge of a default under its credit agreement. Watch this video to make sure you are up to speed on the types of defaults and standard grace periods to correct a default. Read now »...
Review the market trends in competitive bid loan provisions. This practice note discusses current market trends in publicly-filed credit agreements since the last quarter of 2021. The data analyzed in this practice note was obtained using Market Standards , which...
Representations and warranties are designed to establish an assumed set of facts upon which lenders agree to extend credit to the borrower and, which if true, provide comfort to the lenders that the borrower’s obligations will be repaid by the borrower on...
Typically, without express permission, the voluntary prepayment and loan assignment provisions of the credit agreement would prohibit loan buybacks by the borrower or its affiliates. However, borrower demand for this allowance gained traction following the financial...
Review the market trends in commitment letter provisions. This practice note discusses current market trends in publicly filed financing commitment letters from the second half of 2021 and the first half of 2022. The data analyzed in this practice note was obtained...
The ARRC recommends using the five-year historical median difference between LIBOR and SOFR (set on March 5, 2021) as the default spread adjustment. However, Practical Guidance’s Market Standards shows that most recent deals have trended away from using the...