Changing Bank Capital Rules: Impact on Loan Structures and Loan Documentation
Yield Protection and Increased Costs Provisions, Transfer Restrictions, Purpose Clauses, HVCRE ADC Loans, and More
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will cover upcoming changes to the U.S. bank capital rules as well as and how they will impact the commercial lending landscape. The panel will discuss how loan structures and loan documentation and provisions may be changed by lenders to meet these new requirements.
Outline
- Overview of U.S. capital rules
- Capital ratios
- Leverage ratios
- Liquidity ratios
- Proposed asset categories
- Impact on the commercial lending landscape
- Loan documentation for non-real estate loans
- Yield protection provisions and increased costs clauses
- Transfer restrictions
- Purpose clauses (liquidity facility or not)
- Overview of HVCRE ADC regulation
- LTV ratio and how it is calculated; borrower's equity, the 15% rule
- Loan structuring issues - addressing HVCRE ADC issues in your loan documents
Benefits
The panel will review these and other key issues:
- How will changes to the U.S. capital rules impact the commercial lending landscape?
- What loan documentation provisions are of critical concern for lenders, and where is there room for negotiation?
- How can HVCRE ADC loans be structured to avoid or minimize additional capital retention requirements?
Faculty

Laura R. Biddle
Partner
Venable
Ms. Biddle advises U.S. and foreign banking organizations, non-depository lenders, and providers of payment and other... | Read More
Ms. Biddle advises U.S. and foreign banking organizations, non-depository lenders, and providers of payment and other financial products and services on all aspects of financial services regulations. She advises banks and their holding companies, subsidiaries, affiliates, and investors on corporate governance, strategic planning, mergers and acquisitions, chartering and licensing, permissible activities and investments, preemption, affiliate transaction, controlling and non-controlling investments, third-party relationships, and new product development.
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William R. Wagner
Partner
Venable
Mr. Wagner has extensive experience with the structuring and negotiation of secured and unsecured credit facilities on... | Read More
Mr. Wagner has extensive experience with the structuring and negotiation of secured and unsecured credit facilities on behalf of corporate borrowers, private equity firms, portfolio companies, agent banks, financial institutions, and specialty lenders in U.S. and foreign markets. He has particular experience in the financial services, manufacturing, life sciences, healthcare, and renewable energy industries. Mr. Wagner regularly counsels hedge funds, investment and commercial banks, asset managers, and strategic investors on legal issues related to the purchase and sale of distressed assets, and strategic investments in distressed companies. He oversees negotiations on a variety of loan workouts, restructurings, special situations, and distressed investments.
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