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Events

Webinar: Agents and Co-Lenders in Syndicated Facilities: Structuring Agreements to Balance Differing Rights and Obligations

Navigating Rights of Agents, Information Sharing, Exculpatory Clauses, Defaulting Lenders and More

March 20, 2014
1:00 PM - 2:30 PM EST

Speakers: James C. Schulwolf

When:
March 20, 2014
1:00 PM - 2:30 PM EST
Where:
Webinar

A live 90-minute Strafford CLE webinar with interactive Q&A.  This program 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.

Description

Multi-lender agreements in syndicated loan facilities usually contain broad exculpatory provisions protecting the agent. Co-lenders are often left without recourse to recover damages when the agent does not act in a prudent manner, and proving gross negligence or willful misconduct of the agent is a tall task.

A common struggle between agents and co-lenders occurs when the borrower is in default and the agents and co-lenders disagree on how to proceed. If the loan documents do not expressly require the agent to comply with the instructions from the co-lenders, the agent is free to ignore the wishes of the lenders.

Events of the last few years demand heightened attention to defaulting lender provisions of credit agreements. As the financial shock of the past several years clearly demonstrates, minimizing the risks of a defaulting lender is critical in drafting credit agreements.

Listen as our authoritative panel of finance practitioners discusses typical clauses in a syndicated loan agreement and provides best practices for lenders and agents to structure and negotiate loan agreements to balance their respective rights and obligations.

Outline

  1. Responsibilities of agents
  2. Exculpatory provisions and case law
  3. Agent's rights
  4. Defaulting lender

Benefits

The panel will review these and other key 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 the remedies of co-lenders against defaulting lenders?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

James C. Schulwolf, Partner
Shipman & Goodwin, Hartford, Conn.

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.

Jeffrey A. Wurst, Partner
Ruskin Moscou Faltischek, Uniondale, N.Y.

Mr. Wurst is the chairman of the firm’s Financial Services, Banking, & Bankruptcy Department. He 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.

Alison R. Manzer, Partner
Cassels Brock & Blackwell, Toronto

Ms. Manzer’s more than 35 year legal practice encompasses a broad range of experience in the financial services sector, with a focus on Canada-US cross border issues involving financial institution regulation, secured and unsecured debt finance, asset-based financing, securitization and structured finance, project finance and syndicated lending. Restructuring and lender rights and remedies within these areas is also part of her active practice.

For more information and to register, click here.

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