August 18, 2021

Facts about FATCA

Do you know why FATCA was enacted and how it impacts your transactions? Review this primer on FATCA so you can counsel your clients on those offshore accounts! READ NOW » Related Content FATCA Tax Credits and Excluded Obligations Review this practice...
August 11, 2021

What Is Happening With LIBOR Floors?

Stay up to date on London Interbank Offered Rate (LIBOR) floor provisions. Review this practice note to find out what the current market trends are for LIBOR floors in publicly filed credit agreements and commitment letters from the second half of 2020 and first...
August 04, 2021

Watching the Olympics? It’s Time to Think Global!

International transactions present their own unique legal considerations. The international element can take many different forms, including loans to a non-U.S. borrower and guarantees or security interests granted by non-U.S. loan parties. Get up to speed on these...
July 28, 2021

Shhhh! It’s Private!

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 take to comply...
July 21, 2021

Waiving at Waivers

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 waiver...
July 14, 2021

Who’s in First Position?

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 »...
July 07, 2021

Amend It, and Extend It

Do you need to know the latest and greatest on amend and extend provisions in credit agreements? Review this Market Trends practice note to gain insights on current market trends in amend and extend provisions found in publicly filed credit agreements from the...
June 30, 2021

Drumroll Please: Market Standards - Finance

Check out this new data-driven tool to understand how similarly borrowers and lenders have addressed particular legal issues and negotiated terms of a credit agreement or a commitment letter. See what language the borrower’s or lender’s counsel has...
June 22, 2021

Time for Class: Loan Lesson 1

If you are working up a sweat trying to get organized for a loan workout and are spending hours of time reviewing agreements, amendments, default letters, and more, check out this video on best practices to organize and prepare for a loan workout. VIEW NOW »...
June 15, 2021

Can You Commit?

Get up to speed on current market trends in publicly filed financing commitment letters from the second half of 2020 and first half of 2021. Review key provisions in commitment letters for various types of credit facilities, including syndication terms, call protection...
June 07, 2021

Oh Say Can—UCC!

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 this information available at your fingertips! READ NOW...
June 01, 2021

Healthcare Financing—Trending in Which Direction?

Get up to speed on the latest market trends in publicly filed credit agreements dealing with healthcare-specific terms. This practice note discusses the debt financing arrangements and provides an overview of common representations, warranties, covenants, and collateral...
May 25, 2021

Due Diligence and Legal Issues in Lending Transactions

Learn who does what before the deal gets done. This practice note discusses the due diligence process in lending transactions. The due diligence process allows the lenders to ascertain information about the borrower relevant to the borrower’s ability to repay...
May 18, 2021

Presentation That Pays (Leveraged) Dividends

Create a presentation describing whether (and how) a debtor can declare a dividend or make a restricted payment without running afoul of credit agreement covenants. This practice note can be used to prepare a presentation and contains links to additional guidance...
May 11, 2021

Amendments and Lender Voting Right Issues in Credit Agreements

Get an overview of the process and mechanics necessary to amend or waive provisions of a credit agreement. During the life cycle of a credit agreement, changes in the borrower’s circumstances or the credit market may prompt the borrower or lender to request...