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 premium CLE webinar with Q&A
This CLE course 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 rates and fees
- Required and voluntary prepayments, call protection
- Affirmative and negative covenants
- Financial covenants
- Default provisions
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?
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, sponsors,... | Read More
Ms. Nand represents commercial, cooperative, development and investment banks, as well as hedge funds, sponsors, sovereign wealth funds and Fortune 500 companies in leveraged finance transactions. She has structured, drafted and negotiated over $40 billion of syndicated loan, commercial paper and project financings. Ms. Nand has served as lead counsel on numerous transactions, including cross-border credit facilities, securitizations, syndicated loan transactions, credit-linked notes, convertible debt facilities, private placements, joint venture financings and debtor-in-possession credit facilities. Ms. Nand is a fellow of the American College of Commercial Finance Lawyers.Close