Structuring Cross-Border Lending Transactions: Mitigating Legal, Economic and Political Risks
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide finance counsel with the tools to structure around legal, political and economic risks encountered in cross-border lending. The panel will discuss choice of law provisions, foreign guarantors, exit strategies where access to collateral may be impaired, credit default swaps, and more.
- The rise of cross-border lending: current size and scope
- Legal, economic and political risks of transacting business with foreign borrowers and collateral
- Measuring risk: sovereign ratings, other
- Structural solutions
- Choice of law
- U.S. or other low-risk borrower and guarantor
- Exit strategies for overseas collateral
- Credit default swaps and other “insurance”
- Partnering with government lenders
The panel will review these and other key issues:
- What are some of the legal and enforcement risks in cross-border financing?
- How might a lender gauge the political and economic climate in a particular country?
- What factors should be considered in drafting a choice of law provision?
- How should the financing be structured to allow for enforcement in the U.S. or other low-risk jurisdiction?
- What are some exit strategies counsel might include in loan documents where enforcement against foreign collateral is uncertain?
J. Truman Bidwell, Jr.
Sullivan & Worcester
Mr. Bidwell is the co-chair of the Firm’s Opinions Committee. His practice is focused in the areas of... | Read More
Mr. Bidwell is the co-chair of the Firm’s Opinions Committee. His practice is focused in the areas of international asset financing, banking, structured finance and insolvency. He represents lessees, lenders, developers, owners, underwriters and equity investors in infrastructure transactions. In addition, he represents major banks, domestic and foreign corporations, investment banks, and domestic and foreign lenders in a broad spectrum of financial transactions.Close
Ettore A. Santucci
Mr. Santucci chairs the Firm's Capital Markets Group and co-chairs the REITs and Real Estate M+A Group. He... | Read More
Mr. Santucci chairs the Firm's Capital Markets Group and co-chairs the REITs and Real Estate M+A Group. He focuses primarily on public and private securities offerings, corporate governance, securities law compliance, cross-border transactions, and mergers and acquisitions. In his active cross-border transactional practice, he regularly advises U.S. clients in outbound investments, international joint ventures and M&A, and is particularly attuned to the multi-jurisdictional issues that arise in cross-border investments, strategic alliances and business combinations.Close
Sylvia Fung Chin
Partner Of Counsel
White & Case
Ms. Chin focuses her practice on corporate and commercial financing, with an emphasis on asset-based financing... | Read More
Ms. Chin focuses her practice on corporate and commercial financing, with an emphasis on asset-based financing transactions. She has significant experience in capital markets, project financing and leveraged leases, these include placement agents, issuers, lenders, lessees, lessors and equity investors. Her clients seek her advice on leases involving aircraft, oil-drilling equipment, satellites and other equipment, and in projects involving cogeneration, waste-to-energy, alternative energy, hydroelectric and manufacturing facilities.Close