Structuring Commercial Loan Term Sheets, Proposals and Commitment Letters: Key Terms for Lenders and Borrowers
Avoiding Unintended Consequences, Limiting Drafting Ambiguity
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide commercial finance counsel with guidance on using and analyzing term sheets, proposals and commitment letters in commercial finance transactions. The panel will explain the potential risks associated with their usage and provide best practices for minimizing those risks through careful drafting, keeping in mind market realities.
- Impact of current market conditions on loan documentation
- Negotiating key terms
- Loan amount
- Interest rate
- Prepayment penalty
- Financial covenants
- Casualty and condemnation proceeds
- Default provisions
- Affirmative and negative covenants
The panel will review these and other key issues:
- How do these documents differ, when should each be used and what types of risks are created by their use?
- What are the key provisions in commitment letters—and how can the borrower and lender each minimize risk through these provisions?
Amy L. Kyle
Morgan Lewis & Bockius
Ms. Kyle represents leading financial institutions in connection with a broad range of finance-related matters,... | Read More
Ms. Kyle represents leading financial institutions in connection with a broad range of finance-related matters, with a particular focus on the transportation industry. She acts as lead agent’s counsel in syndicated financings for companies that operate in all modes of transportation, lease transportation equipment, or engage in international and domestic shipping. Her experience also includes Agent and creditor group representations in debtor in possession and special situations financing arrangements. Her representation of agents, arrangers, and lenders in syndicated finance transactions spans a wide range of industries and types of transactions, from highly leveraged secured deals to high-grade credits and from transportation to technology, energy, and general industrial.Close
Arleen A. Nand
Ms. Nand represents commercial, cooperative, development and investment banks, as well as hedge funds, private equity... | Read More
Ms. Nand represents commercial, cooperative, development and investment banks, as well as hedge funds, private equity firms, sponsors, sovereign wealth funds and corporations in leveraged finance transactions. In recent years, she structured, drafted and negotiated $14.8 billion of syndicated loan and project financings. She served as lead counsel on numerous financings, including cross-border credit facilities, securitizations, syndicated loan transactions, credit-linked notes, asset-based and cash flow financings, convertible debt facilities, private placements, joint venture financings, debtor-in-possession credit facilities, senior and mezzanine transactions and leveraged lease financings. She advises clients on transactions involving various domestic and foreign collateral issues.Close