Course description
Loan Documentation - 3 day training course in London or in-house
This highly popular three-day Loan Documentation training course covers the key loan documentation issues. The course looks at the negotiation phase from a financier and borrower perspective and focuses in detail on a wide variety of different securities and the legal challenges they present.
A practical learning solution
This course is designed to lay out loan documentation best practices and understanding in a manner readily applicable to work activities. Upon completion, course delegates will be prepared to:
- Negotiating loan documentation from both the financier and borrower perspectives
- Interpretation of various clauses under common law
- Enforceability issues and pitfalls in the drafting and negotiation of guarantees and letters of support
- Different types of securities including pledges, liens, constructive trusts, fixed and floating charges, mortgage debentures, and security over property, shares and insurance assignments
- Implication of insolvency on the contractual rights of all parties involved
Upcoming start dates
Suitability - Who should attend?
This Loan Documentation course is suitable for delegates that are interested in the negotiation phases from a financier and borrower perspective.
Training Course Content
This course is designed to cover the following topics:
Operation of Law
- Documentation under English and New York law vs. civil law documentation
- The operation of common law (UK and USA)
- court structures
- precedent
- statute
- appeals
- common law rights - Equitable remedies and defences
- Dispute resolution
- structured finance: expert mediation, international arbitration, the NY convention, cross-border enforcement - Law of the contract
- non-exclusive jurisdiction clauses
- enforcement
The Law of Contract
- Ultra vires: application of old law and new law respectively
- Verification certificates
- Commercial benefit and objects clauses
- Implication of signing under seal
- Deeds
- Pre-contractual issues, the point of contract, non-contractual documents, term sheets and heads of agreement
- Documents that have to be evidenced in writing to be enforceable
- Consideration
- Legality and severance clauses
The Loan Agreement
- The structure of a loan agreement
- Clauses raising important commercial issues and their implications
The Agency Role - Syndicated Loans
- Powers of the agent bank and the agency clause
- Implications of agent exceeding powers
- Credit analysis, information memorandum, ongoing information and reporting
- Legal opinions
- Disclaimers and their effectiveness
- Unfair Contract Terms Act
- Negligence, gross negligence and willful misconduct
- Vicarious liability
- Assignment, novation, silent sub-participation
- Confidentiality
- Conflicts of interest
- Defaults and majority voting rights
Guarantees
- Definition
- The common law position
- Types of guarantee
- Termination of guarantees
- Multiple guarantors: implications
- Reviewing specific clauses contained in a standard guarantee document
- Execution
- Letters of credit: overview
Letters of Comfort
- The legal position
- Examples of different types of letter of support
- Applying the contractual tests
- Precedents
Security
- Different approaches in different countries
- Principal types of security
Insolvency Regulation
- Insolvency regimes in the USA
- Insolvency regimes in the UK
- Impact of forms of insolvent administration on the rights of financiers under their contractual documentation
- Minimizing the negative effects at the time of drafting
- Potential rights against other creditors
- Protecting rights in the immediate period before the onset of insolvency
- Transactions that can be set aside, preferences, transactions at undervalue and extortionate credit
Reviews
Average rating 5
Very good and well organised.
All content was valid and applicable to real work scenarious. Very high and in depth course materials. Articulate and clear, in depth knowledge of the subject matter and clearl...
Expenses
The cost of this course is £2,199 + VAT per delegate.
In House Training
IFF is the global leader in the provision of tailored in-company courses that are designed to bring about significant increases in personal and organisational performance. By creating training programmes that are aligned to the specific needs of your business, we are able to provide results and ROI’s that are way above what can be achieved via conventional training programmes.
Get Inspired! Watch the Video
Request info
International Faculty of Finance - IFF Finance - Specialist Training Courses
As one of the world's leading specialist financial training organisations, The International Faculty of Finance provides participants in the global financial markets with intensive technical training programmes designed to help them succeed on the global stage. Established in 1991 we...
Excellent hands on course. Brilliant speaker with practical examples thanks to hand on experience