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By: Dwight Smith , Nelson Mullins Riley & Scarborough LLP. Bank financing can take several forms, including commercial loans, repurchase agreements, and securities borrowing transactions, all of which are subject to regulation at the federal and...

PUBLIC SECTOR UNIONS CANNOT IMPOSE FEES ON NON-MEMBERS, SUPREME COURT RULES PUBLIC SECTOR UNIONS CANNOT REQUIRE NON-MEMBERS to contribute to expenses related to union business, the U.S. Supreme Court ruled, overturning a 41-year-old decision. Janus...

SUPREME COURT AFFIRMS CONSTITUTIONALITY OF AIA PATENT REVIEW PROCESS A PROVISION IN THE AMERICA INVENTS ACT (AIA) allowing for pre-trial review of existing patents does not violate Article III or the Seventh Amendment of the U.S. Constitution, the U...

By: Patrick Yingling and Aleksandra Kopec King & Spalding What is the “middle market” of the U.S. leveraged loan market? While there is no checklist for what constitutes the middle market, the two basic parameters are that the borrower...

U.S. DEPARTMENT OF LABOR SETS NEW GUIDELINES FOR INTERN COMPENSATION THE U.S. DEPARTMENT OF LABOR (DOL) HAS ADOPTED new guidelines for determining whether interns working at for-profit companies are entitled to compensation under the federal Fair Labor...

By: Leslie J. Levinson , Robinson & Cole LLP This article describes how to structure financing transactions for healthcare providers to overcome anti-assignment and collection limitations on Medicare and Medicaid receivables. THE UNIFORM COMMERCIAL...

By: Cynthia Borrelli and Michael J. Morris , Bressler Amery & Ross, P.C. To find this article in Lexis Practice Advisor, follow this research path: RESEARCH PATH: Insurance > Managing Insurance Representatives > Checklists

By: Jason Amster , Lexis Practice Advisor This article describes the Secured Overnight Financing Rate (SOFR), a broad credit-risk measure that is a frontrunner to replace the London Interbank Offered Rate (LIBOR). The article addresses how SOFR is calculated...

By: David K. Duffee , Mayer Brown Bankers, lawyers, and others involved in the loan market’s transition from the London Interbank Offered Rate (LIBOR) to another reference rate have spent much of the past two years thinking about and drafting...

By: Jason Amster , Practical Guidance This article describes how you should proceed when your client calls and asks what happens to their loan documents after the pending cessation of London Interbank Offered Rate (LIBOR) at the end of 2021. LENDER...

By: Michael Chernick , Tomasz Kulawik , Mohamed El-Sayed , and Lisseth A. Rincon Manzano , Shearman & Sterling LLP This article describes the terms of the facilities available under the Main Street Lending Program, in addition to providing practice...

By: Michael Chernick and Brittany Roger, Shearman & Sterling LLP This article provides an overview of certain key provisions of credit agreements that will need to be reviewed to determine how the novel coronavirus (COVID-19) crisis—and the...

By: Amara Gossin , Barclays and Bob Lewis Sidley , Austin LLP Sustainability-themed debt instruments represent one response of the financial community to the need to channel capital towards facilitating a carbon transition. Since green bonds debuted...

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...

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

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...

Learn how mezzanine finance occupies the space in middle (or in-between) debt and equity and why it’s considered a hybrid form of finance. This practice note provides an overview of the typical terms, primary documentation, and key issues attorneys...

Read this article discussing interest rate floors for SOFR rate loans. Interest rate floors are a common tool by lenders in commercial loans to ensure that they will always earn a certain minimum yield on their loan. This article discusses how the floor...

Most financings begin with a commitment. This practice note describes the commitment letter and term sheet and how they relate to financing transactions. It details the main provisions of these agreements, including those specific to acquisition financings...

We can help. Use this easy-to-follow checklist of items you should consider when implementing and documenting non-LIBOR interest rates in commercial loan transactions. This checklist serves as a general guideline for counsel representing a party in a...

By: The Practical Guidance Finance Team This article discusses trends in benchmark succession clauses in recent credit agreements using benchmark rates other than the London Interbank Offered Rate (LIBOR). Credit agreements typically provide for replacing...

By: The Practical Guidance Finance Team This article discusses credit spread adjustments related to the differential in rates between the London Interbank Offered Rate (LIBOR) and the Secured Overnight Financing Rate (SOFR). While LIBOR and SOFR historically...

Explore our sustainability-linked loans tracker that identifies new publicly filed sustainability-linked loans since September 1, 2021. Sustainability-linked loan provisions provide an incentive to borrowers (generally in the form of lower interest rates...

Anti-hoarding provisions limit a borrower’s ability to stockpile cash under its revolving line of credit to shore up liquidity in the event of an economic downturn in the oil and gas market. While the use of these provisions has declined in recent...

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. It provides materials on opinion practice...