Swaps in Commercial Finance Transactions: Coordinating Loan Terms With the ISDA Master Agreement and Schedule

Documenting Covenants, Security, Voting and Control, Reporting, and Regulatory Issues

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Wednesday, March 17, 2021

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Course Materials

This CLE course will guide finance counsel on how interest rate swaps and other derivative products are used to hedge risk in loan transactions, how derivatives terms are appropriately integrated into loan documentation, and how to document the swap transaction to ensure consistency with the loan.

Description

The vast majority of derivatives transactions are governed by standard documents published by the International Swaps and Derivatives Association (ISDA). The documentation includes the ISDA Master Agreement, a Schedule thereto, in some cases a Credit Support Annex, and a trade confirmation, which together establish the relationship between a borrower and swap provider and the legal and economic terms of the swap (or other hedging transaction).

Counsel plays a critical role in integrating the appropriate swap-related provisions into loan terms, including cross-default, cross-collateralization, prepayment, assignment, LIBOR fallback terms, and recourse obligations.

Listen as our authoritative panel of finance practitioners guides you through the use of swaps to hedge risk in loan transactions and best practices for coordinating the swap and loan documents.

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Outline

  1. Use of derivatives to hedge risk in loan transactions
  2. Integration of derivatives into loan documentation and coordination with derivative documentation

Benefits

The panel will review these and other key issues:

  • How derivatives products are used to hedge risk in commercial finance and other loan transactions
  • Certain Dodd-Frank Act regulatory considerations
  • Best practices for integrating derivatives terms into loan documentation
  • Best practices for ensuring that the derivatives documentation is consistent with the financing terms
  • The end of LIBOR and considerations for both derivatives and loan documentation

Faculty

Fraser, Alexander
Alexander P. Fraser

Partner
Michael Best & Friedrich

Mr. Fraser serves as primary outside counsel to national, regional, and community banks on interest rate swaps, foreign...  |  Read More

Aaron, Cheryl
Cheryl L. Isaac

Partner
Michael Best & Friedrich

Ms. Isaac represents financial institutions, energy companies, and commodity trading firms (including both end-users...  |  Read More

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