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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...

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...

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...

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...

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...

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...

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!...

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...

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...

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...

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...

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...

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...

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...

Review this new practice note providing an overview of loan buyback provisions and discussing current market trends in publicly filed credit agreements from 2023–2024. Loan buyback provisions allow a borrower and/or its affiliates to repurchase...

Review this new practice note providing an overview of the upstream, midstream, and downstream sectors of the oil and gas (O&G) industry. This practice note also discusses recent market trends in publicly filed credit agreements from the last year...

Review this new practice note providing an overview of the upstream, midstream, and downstream sectors of the oil and gas (O&G) industry. The practice note also discusses recent market trends in publicly filed credit agreements from the last year...

Check out this new resource kit containing resources on private credit. Private credit loans are provided by nonbank lenders, usually on a bilateral basis, directly to borrowers. This resource kit includes Practical Guidance materials on these issues...

Read this practice note discussing market trends for erroneous payment provisions. Erroneous payment clauses are included in syndicated loan transactions to require lenders to return payments paid to them in error by the administrative agent. The data...

Review this new practice note providing an overview of defaulting lender provisions, including yank-a-bank provisions, allowing the borrower to replace a lender in the syndicate. This practice note also discusses recent market trends in publicly filed...

Make sure you are up to date on the latest trends in healthcare financing. This practice note discusses current market trends in publicly filed credit agreements for healthcare service providers from the fourth quarter of 2023 and the first three quarters...

Check out the new Public-Private Partnership (PPP) Legislation State Law Comparison Tool. The Practical Guidance State Law Comparison Tool generates a chart with applicable state laws for the topics you select. The Public-Private Partnership Legislation...

Read this practice note discussing current market trends in publicly filed commitment letters for acquisition financing from the second half of 2023 and the first half of 2024. This practice note examines examples of select key provisions in commitment...

Make sure you are up to date on the latest trends in bridge loans. A bridge loan is a short-term financing mechanism used by borrowers ahead of a permanent financing, often as part of an acquisition financing. Read this practice note discussing current...