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

Conducted on Thursday, June 25, 2020

Recorded event now available

or call 1-800-926-7926
Course Materials

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.


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 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. Still, they can introduce significant risk to lenders if not drafted carefully, including the likelihood 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.



  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


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?


Kyle, Amy
Amy L. Kyle

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

Greenberg Traurig

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

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video