Loan Documentation

What topics are covered by the course?

Negotiating loan documentation from both the financier and borrower perspectives; Interpretation of various clauses under common law; Enforceability issues and pitfalls in the drafting and negotiation of guarantees and letters of support; Types of securities including pledges, liens, constructive trusts, fixed and floating charges, mortgage debentures, and security over property, shares and insurance assignments; Implication of insolvency on the contractual rights of all parties involved

Who should attend?

This course is suitable for:
financiers and relationship managers who are responsible for negotiating documentation drawn up under common law (i.e. English or New York)
loan administration personnel, responsible for the proper maintenance of the loan, including security and monitoring
workout specialists, seeking to optimise the bank's recovery potential in difficult lending conditions
corporate treasury personnel, responsible for negotiating loan arrangements
European in-house lawyers in banks and private practice who seek additional awareness of the common law issues involved in corporate loan documentation.

What will I be able to do on completion?

In considering loan agreements, the focus will be on the negotiation between financiers and corporate borrowers on such delicate issues as negative pledge, cross-default, material adverse change, assignment and set-off clauses.

Enforcement and jurisdiction issues, the operation of common law, arbitration, negligence (e.g. of an agent bank in carrying out its role) and disclaimers will also be considered. When discussing guarantees and letters of support the focus will be on enforceability issues and the pitfalls in the drafting and negotiation of these forms of document. Insolvency fundamentally alters the relationship of lenders and borrowers, and in certain circumstances modifies the arrangements between the parties.

Since documentation apprehends the possibility of default, awareness of these potential changes needs to be understood to ensure that the documentation anticipates these possibilities.

As a result, the course will address the implications of insolvency on the contractual rights of the senior creditors.

How will I be assessed?

No assessment as it is a short, professional course. A certificate of attendance is issued on completion.

Guide Price: 2,099 + VAT

Delivery: Classroom
Category: Corporate Finance »
Duration: 3 days

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