Euromoney Legal Training

Course overview

This course takes you through the documentation for a secured loan, providing you with a thorough understanding of the commercial, documentary and transactional implications of secured lending.

The syllabus pays particular attention to the impact of the security on the loan agreement and transaction process, in terms of due diligence, conditions precedent, representations and covenants. The course highlights the commercial aspects of security documents such as the application of funds clause.

The course has a multijurisdictional approach and you will be guided through the issues which commonly arise when trying to take security over different assets in different countries, and the ways in which the transaction process and the documentation package are designed to ensure these issues are identified and
adequately addressed.

• Be guided through the key components of the documentation or secured lending
• Understand the different functions of representations, conditions precedent and due diligence in protecting lenders
• Understand the transaction process for a secured transaction
• Be able to identify the commercial aspects of security documents with ease
• Appreciate the importance of the application of funds clause
• Appreciate how legal issues affect the value of security
• Understand the ways in which security can be challenged

Who should attend?

• Bank executives concerned with loan negotiation and documentation
• In-house lawyers in financial institutions
• Banking lawyers in private practice
• Corporate counsel

Receive a 10% course discount for International Secured Lending (H14975) when attending any Loan Documentation module (HI4976/HI4977) in May 2012.

 

 

 

 

Supporting publication

Day 1:

Who is the borrower?

· Structural subordination

· Upstream guarantees

· Limitation on recourse

· Use of spvs

Loan overview and covenants

· Positive and negative covenants

· Scope of the covenants

· Change of ownership

Type of credit risk

Project, asset and corporate loan agreements compared

Workshop: Drafting covenants Security basics

· The right in rem

· The issues for due diligence

· The application of funds

· The conditions precedent

· Negative pledge

Security creation perfection and effect

· Common issues with the following questions

· What does the security attach to?

· How is it created?

· How is it perfected?

· How is it enforced?

· What priority does it give?

Security for syndicated loans

Workshop: Creation, perfection and effect of security

Day 2:

Legal and practical issues Clawback of security

· Corporate issues

· Substantive issues

· Insolvency issues

Due diligence and closings

· Transaction and borrower due diligence compared

· Impact on documentation – representations or conditions?

· Value and saleability of secured asset

· Other due diligence issues eg. tax, other funds, etc

· Location of due diligence

· Legal opinions

Workshop: Due diligence Guarantees

· Indemnities

· Waivers of subrogation and reimbursement

· Contra proferentem

· Lenders’ acts affecting guarantee claim

· Letters of comfort

Classification of English security

· Mortgages

· Fixed and floating charges

· Pledges and liens

· Assignments priorities

Discount for related courses

Receive a 10% course discount for International Secured Lending (H14975) when attending any Loan Documentation module in May 2012.

• International Loan Documentation (HI4976) on 14-15 May 2012, Hong Kong

• Advanced Loan Documentation (HI4977) on 16-18 May 2012, Hong Kong

• Sue Wright

  Sue is a solicitor with over 20 years' experience in international banking transactions, including syndicated loans, subordinated debt, structured finance and tax driven transactions. Sue was a partner in the banking department at Norton Rose for 8 years and was responsible for training banking assistants in Norton Rose for 2 years. Sue has been highly recommended as one of the leading experts in her field by Legal 500 and by Chambers. Sue was head of Professional Development at Herbert Smith and is now running an independent training consultancy specialising in training in international banking transactions and structured finance.

  Courses run by this instructor

  • Ship Finance

Interested in holding this course in-house? Please fill out your details and a member of our team will be in touch with more information.

Repos and Securities Lending

28-29 Jun 2012 (Singapore, Singapore)

Repos and Securities Lending provides a comprehensive and practical programme explaining the legal, regulatory and documentary issues involved in repos and securities lending transactions.

Module 1: Documenting International Bond & Debt Issues

16-17 Oct 2012 (Singapore, Singapore)

Module 2: Advanced Bond & Debt Issues, Essential Documentation

18-19 Oct 2012 ()

Module 2: Advanced Loan Documentation

10-12 Oct 2012 (Singapore, Singapore)

The Advanced Loan Documentation module builds on the content of the first module, focusing on practical interactive workshops on the key issues and on detailed comments on the agreement.

Module 1: International Loan Documentation

8-9 Oct 2012 (Singapore, Singapore)

International Loan Documentation is an intensive course that will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.