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Equity cure rights permit a holding company, sponsor, or other shareholder to make an investment in the borrower, thereby providing cash proceeds that allow the borrower to comply with financial maintenance covenants in the credit agreement and preventing...

Medical debt is crushing Americans across the nation. Recent surveys have found that roughly a third of working-age Americans are struggling with medical debt , while more than half of Americans have been unable to pay medical bills on time or in full...

Check out this new practice note providing an overview of recent trends in most favored nation (MFN) clauses in publicly-filed credit agreements through Q1 2024. The data analyzed in this practice note was obtained using Market Standards , the searchable...

Read this new practice note providing an overview of unrestricted subsidiary provision trends. Unrestricted subsidiaries typically are designated by the borrower and excluded as subsidiaries for purposes of covenant compliance in the credit agreement...

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...

Watch this new video discussing reserve-based loans (RBLs). Oil and gas (O&G) exploration and production activities are capital intensive. O&G companies have several main ways of financing these activities, including equity financing, third-party...

Read this new practice note discussing current market trends in amend and extend provisions in publicly filed credit agreements from the second half of 2023 and the first quarter of 2024. The data analyzed in this practice note was obtained using Market...

Watch this new video discussing the concession contract, which governs the relationship between a governmental authority (which, in the context of cross-border project finance will typically be the host government) and the project company. Read now...

Watch this new video discussing off-take contracts used in project finance transactions. An off-take contract is a contract under which a third party (the off-taker) agrees to buy a certain amount of the product produced over an agreed upon time period...

Interest rate replacement clauses became very important in the transition from LIBOR to Term SOFR. Now that Term SOFR has become the prevalent benchmark interest rate, the benchmark replacement provisions have adjusted to cover the contingency of Term...

Need to comply with the Corporate Transparency Act (CTA)? Add these clauses to your credit agreement to address the requirements for the borrower and the lender to collect and review beneficial ownership information under the CTA. Read now » ...

Are you working with a borrower that is subject to securities laws and regulations? Be sure to protect any confidential information you may come across as you negotiate your transaction. Learn how to comply with Regulation FD and the actions you must...

Review this new practice note discussing recent market trends in publicly-filed sustainability-linked loans (SLL). SLL provisions provide an incentive to borrowers (generally in the form of lower interest rates) for hitting predefined green targets, such...

Do you need a refresher on how to properly secure your client’s security interests in collateral under the UCC? Doing so will make sure that your client is properly perfected. This resource kit makes all our information available at your fingertips...

Watch this new video discussing the perfection of security interests in ships and oceangoing vessels; aircraft; intellectual property such as patents, trademarks, and copyrights; and life insurance policies. What ties these asset types together are preemption...

Watch this new video discussing how lenders can minimize the risks posed by usury laws. Usury laws limit the amount of interest lenders can collect on their loans. Penalties for making loans in excess of this amount include the loss of interest payments...

Check out this new video discussing environmental due diligence issues in lending transactions. The ever-growing number of environmental laws has dramatically affected the way lenders perceive environmental risks. The impact of such laws has generally...

Read this new practice note by Anthony Rapa , Blank Rome LLP, providing an overview of geopolitical risk trends impacting cross-border investors. This note discusses foreign direct investment review mechanisms, such as review by the Committee on Foreign...

LexisNexis® offers the Multilaw Global Guide: FinTech with coverage of over 40 international jurisdictions. These guides provide the fintech practitioner with a quick overview of the relevant legal and economic conditions under which fintech services...

Make sure you are up to date on the latest trends in the benchmark replacement or fallback provisions for the Term Secured Overnight Financing Rate (Term SOFR). Although benchmark replacement provisions are not as critical as when replacing LIBOR upon...

Financial Scams are becoming increasingly sophisticated, thanks in large part to artificial intelligence. But the problems created by this new wave of technology are so numerous and complicated that addressing them will not be easy. Fraud Boom May Be...

Read this practice note discussing the latest trends in credit agreements for public utilities. The practice note discusses current market trends in publicly filed credit agreements from the second half of 2022 and the first half of 2023. The data analyzed...

Make sure you are up to date on the latest trends in borrower and affiliate loan buybacks. This practice note discusses current market trends in publicly-filed credit agreements from the fourth quarter of 2022 and the first three-quarters of 2023. Loan...

Read this practice note discussing the capital sources that public and private sponsors in the United States can use to develop, construct, operate and maintain public infrastructure projects. Private and public partners can obtain third-party financing...

Are you working with borrowers to draft a credit agreement? Use this easy-to-follow checklist of items you should consider in preparing for a borrower to comply with requirements in a loan transaction. Read now » Related Content Representations...