Loan Documentation

This course focuses on documentation used in corporate loans, both bilateral and syndicated, including security and guarantee documentation, and the implications of insolvency on the contractual rights of the senior creditors. Gain practical knowledge and an in depth understanding of: ï Negotiating loan documentation from both the financier and borrower perspectives ï The interpretation of various clauses under common law ï Enforceability issues and potential pitfalls in the drafting and negotiation of guarantees and letters of support ï Different types of securities including mortgages, pledges, liens, constructive trusts, fixed and floating charges, mortgage debentures, and security over property, shares and insurance assignments ï The implication of insolvency on the contractual rights of all parties involved Agenda Summary ï Law and Jurisdiction - Common law differs substantially from Civil law. This first session addresses the operation of the law itself. ï Binding the Bank - This second session introduces how contract law works and the circumstances where the law can declare the loan is unenforceable because there is no contract (i.e. the lender loses the money). ï Key Clauses in Loan Agreements ï The Loan Agreement ï Working through the agreement ï The Agency Role ñ Syndicated Loans ï Guarantees ï Letters of Support ï Security Agreements ï Principles of Insolvency Law