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Course Details

This CLE webinar will provide a section-by-section analysis of the terms and conditions contained in a commercial loan agreement. The panel discussion will include various types of loan facilities including term loans, revolving credit facilities, and syndicated transactions.

Faculty

Description

The loan agreement is the central document in a commercial finance transaction. Loan agreements vary in length and complexity depending on the borrower, the lender(s), and the nature of credit, but there are terms and provisions that are common to most transactions. Counsel should have a thorough understanding of these and how they might vary depending on the transaction.

Clear and thorough definitions are a fundamental aspect of the loan agreement. They include components of the interest rate (and default rate) and the indebtedness, EBIDTA, material adverse change, permitted investments, and change of control, among other definitions. Because they appear throughout the document, a separate schedule or section containing all of the defined terms is recommended.

Loan agreements must thoroughly describe conditions of disbursement, terms of payment and prepayment, representations and warranties, affirmative and negative covenants of the borrower, events of default and remedies, and more. Syndicated loans should include various provisions regarding the rights and responsibilities of the administrative agent and the participating lenders.

Listen as our authoritative panel reviews the key sections of a loan agreement and best practices in preparing a loan agreement for various types of transactions.

Outline

  1. Introduction
  2. Certain definitions and accounting terms
  3. Commitments and credit extensions
  4. Taxes, yield protection and illegality
  5. Conditions precedent
  6. Representations and warranties
  7. Affirmative covenants
  8. Negative covenants
  9. Events of default and remedies
  10. The administrative agent
  11. Miscellaneous provisions
  12. Schedules
  13. Exhibits

Benefits

The panel will review these and other important issues:

  • What definitions are critical in the preparation and interpretation of a loan agreement?
  • What kinds of affirmative and negative covenants are included in most loan transactions?