Structuring Commercial Loan Term Sheets, Proposals and Commitment Letters: Key Terms for Lenders and Borrowers

Avoiding Unintended Consequences, Limiting Drafting Ambiguity

A live 90-minute CLE webinar with interactive Q&A


Tuesday, December 4, 2018

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

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.

Description

Commercial loan term sheets and proposal and commitment letters can be an essential tool in making sure that the parties understand and agree to the terms of a proposed financing transaction. They can set the stage for diligence and other efforts needed to get to a closing and provide comfort for lenders in covering expenses and fee payments.

Term sheets and commitment letters can provide borrowers with the certainty of financing when a planned acquisition or investment is dependent on the availability of financing, but they can introduce significant risk to lenders if not drafted carefully, including the risk that a lender may be required to fund the transaction under unanticipated circumstances.

Listen as our experienced panel of finance practitioners examines term sheets, proposal and commitment letters, the appropriate situations of use, terms to use and terms to avoid, and potential risks from both a lender and borrower perspective.

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Outline

  1. Impact of current market conditions on loan documentation
  2. Negotiating key terms
    1. Conditions
    2. Loan amount
    3. Interest rates and fees
    4. Required and Voluntary Prepayments, Call Protection
    5. Affirmative and negative covenants
    6. Financial covenants
    7. Default provisions

Benefits

The panel will review these and other priority issues:

  • How do these documents differ, when should each be used and what types of risks are created by their use?
  • What are the critical provisions in commitment letters—and how can the borrower and lender each minimize risk through these provisions?

Faculty

Kyle, Amy
Amy L. Kyle

Partner
Morgan Lewis & Bockius

Ms. Kyle represents leading financial institutions in connection with a broad range of finance-related matters,...  |  Read More

Nand, Arleen
Arleen A. Nand

Partner
DLA Piper

Ms. Nand represents commercial, cooperative, development and investment banks, as well as hedge funds, private equity...  |  Read More

Live Webinar

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Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$297

Download

48 hours after event

$297

DVD

10 business days after event

$297 + $19.45 S&H