Structuring Multi-Lender Agreements in Syndicated Facilities: Balancing the Rights of Agents and Co-Lenders
Borrower Defaults, Lender Defaults, Exculpatory Clauses, Information Sharing
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will discuss typical clauses in a syndicated loan agreement and provide best practices for lenders and agents to structure and negotiate loan agreement provisions to protect their rights and interests and avoid being disadvantaged in a multi-lender transaction that goes south.
- Responsibilities of agents
- Exculpatory provisions and case law
- Agent's rights
- Agent's errors and omissions
- Defaulting lender
- Defaulting borrower
The panel will review these and other essential questions:
- What are typical exculpatory clauses that limit the liability of the agent and what case law is there addressing the agent's liability to co-lenders?
- What disclosures about the borrower, the terms of the loan, and borrower defaults must the agent provide to co-lenders?
- What provisions should be added to syndicated loan agreements to provide maximum protection and flexibility to agents and co-lenders?
- How can the definitions of "defaulting lender" and "impacted lender" affect co-lenders' remedies against defaulting lenders?
Dr. Alison R. Manzer
Cassels Brock & Blackwell
Ms. Manzer is a member of the Firm's Financial Services Group. Her practice encompasses a broad range of commercial... | Read More
Ms. Manzer is a member of the Firm's Financial Services Group. Her practice encompasses a broad range of commercial practice in the financial services sector, including financial institution regulation, corporate and commercial lending, asset-based financing, securitization and structured finance, private equity, project finance, asset finance and leasing, business reorganization, syndicated lending and related areas. A significant part of her practice involves multi-jurisdiction transactions where she has expertise in the structuring requirements of financing, investment and securitization transactions to solve taxation, conflicts of laws, document structure, currency and rate issues, among others.Close
James C. Schulwolf
Shipman & Goodwin
Mr. Schulwolf represents senior and mezzanine lenders, venture capital investors (including SBIC’s), private... | Read More
Mr. Schulwolf represents senior and mezzanine lenders, venture capital investors (including SBIC’s), private equity funds, hedge funds, emerging growth companies and private companies in financing, investment, leasing, acquisition, corporate, licensing and restructuring transactions. He regularly advises these clients with respect to structuring, negotiating, and closing complex transactions.Close
Jeffrey A. Wurst
Mr. Wurst has more than 30 years of experience and is well recognized for handling significant commercial finance and... | Read More
Mr. Wurst has more than 30 years of experience and is well recognized for handling significant commercial finance and bankruptcy matters. He is an esteemed fellow of the American College of Commercial Finance Lawyers and is a panelist on the American Arbitration Association’s National Roster of Arbitrators. Mr. Wurst has significant expertise in asset-based lending, factoring, and all other areas of commercial finance, bankruptcy matters, workouts and turnaround situations. He is actively involved in the documentation of commercial finance and leasing transactions, as well as litigation that may arise out of or in connection with such transactions.Close