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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...

Read this practice note discussing recent market trends in competitive bid loan provisions. A competitive bid loan is a feature that can be added to a credit agreement to provide additional pricing flexibility for investment grade borrowers. Competitive...

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 second half of 2022 and the first half of 2023...

Review this resource kit to make sure you are up to speed on the types of defaults, the standard grace periods to correct a default, and the materiality thresholds to trigger a default. These provisions can vary depending on the size, industry, and circumstances...

Read this new practice note to understand the recent trends in defaulting lender credit agreement provisions, including yank-a-bank provisions which allow the borrower to replace a lender in the syndicate. The data analyzed in this practice note was obtained...

Are you working on middle market loans? Check out this new practice note, by Patrick Yingling and Jared Zajac of Cadwalader, Wickersham & Taft LLP, that identifies and discusses trends in the syndicated loan and private credit middle market from late...

Make sure you are up to date on the latest trends in commitment letters for acquisition financing. This practice note examines examples of select key provisions in commitment letters for acquisition financing, including SunGard provisions and bifurcated...

Have you been retained by a lender to respond to a borrower’s request for a waiver or forbearance agreement? Before negotiating with borrower’s counsel, you should first consider the conditions that are often negotiated or agreed upon in such...

Make sure you are up to date on the latest trends in asset-based lending in the U.S. loan market. Asset-based loans (sometimes referred to as ABLs) are used by a wide variety of businesses, both in terms of size and credit quality, and may also be used...

Your client calls to inquire whether a joint venture is permitted under its existing credit facility. A credit agreement may present some obstacles to a borrower’s ability to acquire, form, or operate a joint venture. Read this practice note explaining...

Watch this new video explaining the use of solvency certificates and solvency opinions in financing transactions. Often, as a condition precedent to closing, borrowers are required to deliver a solvency certificate to attest to the solvency of the loan...

Are you getting ready to close a deal? If so, make sure you are on top of all your deliverables, including the ancillary documents that are prepared and delivered in connection with the deal, such as the perfection certificate, closing checklist, closing...

Check out this new video discussing the initial considerations that lenders and their counsel should take into account before entering into a cross-border lending transaction. Cross-border lending refers to any financing that spans international jurisdictions...

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...

Sustainability-Linked Loans Overview Sustainability-linked loans are loans where the economic characteristics can vary depending on whether the borrower achieves ambitious, material, and quantifiable predetermined sustainability performance objectives...

By: M. Shams Billah , BARNES & THORNBURG LLP, NEW YORK This article discusses guidance for borrowers and private equity sponsors entering into private credit loans with nonbank lenders in the middle to lower-middle market space. The article also...

Read this article discussing standstill provisions in subscription facilities. In recent years, private equity fund requests for standstill provisions in subscription credit facilities have become more commonplace. A standstill provision offers a fund...

Watch this new video discussing green loans. Green loans are any type of loan instrument made available exclusively to finance or refinance, in whole or in part, new and/or existing eligible green projects. Read now » Related Content Sustainable...

Check out our new tracker identifying the benchmark replacement or fallback provisions for the Term Secured Overnight Financing Rate (Term SOFR) included in select publicly filed credit agreements since Q2 2023. Read now » Related Content ...

Read this new practice note from Shams Billah of Barnes & Thornburg LLP to understand the current state of the private credit loan market. Learn about the differences between private credit and public credit, including the benefits and downsides of...

Review this discussion of prepayment premium market trends. Lenders commonly permit borrowers to voluntarily prepay a credit facility prior to maturity, but often require borrowers to pay a premium for prepayment. A prepayment premium is designed to compensate...

Watch this new video discussing sustainability-linked loans. Along with other forms of finance, such as green loans and green and sustainability-linked bonds and securitizations, investing in sustainability-linked loans is one way for financial institutions...

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 2022 and the beginning...

Review this practice note exploring flash loans and their history, use cases, and potential vulnerabilities. Flash loans are a decentralized finance tool that permits issuance of an instantaneous uncollateralized loan of cryptocurrency for a short period...

Stay up to date with this practice note that describes how credit agreements and commitment letters have addressed the possibility of European lending institutions becoming subject to “bail-in” powers of European bank regulators, including...