Structuring Commercial Loan Documents to Protect Non-Affiliated Lenders
Negotiating and Drafting Provisions Involving Loan Buybacks, Additional Pari Passu Debt, Non-Pro Rata Prepayments, and Intercreditor Agreements
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide commercial finance attorneys with a review of loan buyback provisions, explaining how they can fail to protect non-affiliated lenders and offering approaches to negotiate and draft to address non-affiliated lenders’ concerns.
- Ways control has shifted away from lender
Additional pari passu debt
- Incremental facilities
- Equivalent debt/sidecar facilities
- Permitted/partial refinancing facilities
- Additional permitted secured debt
Non-pro rata prepayments
- Borrower buybacks
- Affiliated lender purchases (and further contribution)
- Affiliated debt fund purchases
- Purchases by junior debt holders
- Intercreditor agreements
- Bankruptcy considerations
The panel will review these and other key questions:
- What additional pari passu debt shifts control from lenders, and how should counsel address this in negotiations?
- What parameters should counsel consider in negotiating affiliated lender assignments and loan buyback provisions?
- What provisions should be included in intercreditor agreements to protect lenders or borrowers when negotiating credit agreements with loan buybacks, affiliated lender purchases, and the other provisions referred to above?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Robert S. Finley
King & Spalding
He is a member of the Finance Practice Group, focusing his practice on representing lenders and arrangers in major... | Read More
He is a member of the Finance Practice Group, focusing his practice on representing lenders and arrangers in major acquisition financings and assisting mezzanine investors in fund formation and investments. He has represented financial institutions in a variety of financial transactions, including domestic and cross-border syndicated loans, second lien financings, and debt restructurings.Close
King & Spalding
He is a Partner in the firm’s Finance Practice. He has broad experience in representing lenders, investors,... | Read More
He is a Partner in the firm’s Finance Practice. He has broad experience in representing lenders, investors, corporate borrowers and private equity sponsors in a wide variety of transactions, including acquisition finance, leveraged cash-flow and asset-based syndicated credit facilities, as well as debtor-in-possession facilities and exit financing, project financings, and letter of credit facilities.Close