Structuring Agent and Co-Lender Agreements in Multi-Lender Deals: Balancing Differing Rights and Obligations
Navigating Rights of Agents, Exculpatory Clauses, and Information Sharing in Syndicated and Club Transactions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss typical clauses in a syndicated loan agreement and provide best practices for lenders and agents to structure and negotiate loan agreement provisions to protect their rights and interests and avoid being disadvantaged in a multi-lender transaction that goes south.
- Responsibilities of agents
- Exculpatory provisions and case law
- Agent’s rights
- Defaulting lender
- Defaulting borrower
The panel will review these and other key questions:
- What are typical exculpatory clauses that limit the liability of the agent and what case law is there addressing the agent’s liability to co-lenders?
- What disclosures about the borrower, the terms of the loan and borrower defaults must the agent provide to co-lenders?
- What provisions should be added to syndicated loan agreements to provide maximum protection and flexibility to agents and co-lenders?
- How can the definitions of “defaulting lender” and “impacted lender” affect the remedies of co-lenders against defaulting lenders?
Alison R. Manzer
Cassels Brock & Blackwell
Ms. Manzer’s more than 35 year legal practice encompasses a broad range of experience in the financial services... | Read More
Ms. Manzer’s more than 35 year legal practice encompasses a broad range of experience in the financial services sector, with a focus on Canada-US cross border issues involving financial institution regulation, secured and unsecured debt finance, asset-based financing, securitization and structured finance, project finance and syndicated lending. Restructuring and lender rights and remedies within these areas is also part of her active practice.Close
James C. Schulwolf
Shipman & Goodwin
Mr. Schulwolf represents senior and mezzanine lenders, venture capital investors (including SBIC’s), private... | Read More
Mr. Schulwolf represents senior and mezzanine lenders, venture capital investors (including SBIC’s), private equity funds, hedge funds, emerging growth companies and private companies in financing, investment, leasing, acquisition, corporate, licensing and restructuring transactions. He regularly advises these clients with respect to structuring, negotiating, and closing complex transactions.Close
Jeffrey A. Wurst
Ruskin Moscou Faltischek
Mr. Wurst is the chairman of the firm’s Financial Services, Banking, & Bankruptcy Department. He has... | Read More
Mr. Wurst is the chairman of the firm’s Financial Services, Banking, & Bankruptcy Department. He has significant expertise in asset-based lending, factoring, and all other areas of commercial finance, bankruptcy matters, workouts and turnaround situations. He is actively involved in the documentation of commercial finance and leasing transactions, as well as litigation that may arise out of or in connection with such transactions.Close