News & Analysis as of

Lenders Risk Mitigation

Mayer Brown

'Red Flags' for Lenders Investing in Emerging Markets: Recent High Court Guidance

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Emerging markets offer a wealth of opportunity across a wide range of sectors. Yet there can be a catch, even for sophisticated parties, especially financial institutions: a greater number of risk indicators, or 'red flags',...more

Mayer Brown

Implications of an Early Extension of a 364-day Credit Facility

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Because banks receive favorable capital treatment when a credit facility’s tenor is shorter than one year, lenders increasingly offer financing with 364-day tenors and uncommitted extension option terms of up to 364 days. In...more

Lippes Mathias LLP

The Landscape of Commercial Lending Conditions and What May Come

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In recent years, U.S. banks have been tightening lending conditions. This trend is expected to continue for commercial loans because of various factors, including the ongoing effects of the COVID-19 pandemic, changes in...more

Lippes Mathias LLP

The Rise and Fall of the Paycheck Protection Program

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The Long-Term Effects Felt by Lenders Nationwide. As a result of the United States government instituting the Paycheck Protection Program (“PPP”), companies nationwide have defaulted on hundreds of thousands of PPP loans,...more

DarrowEverett LLP

Mezzanine, Bridge Financing Becoming Key Tools in Uncertain Economy

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During periods of economic uncertainty and rising interest rates, alternative financing options such as mezzanine and bridge lending have emerged as attractive solutions for businesses. These specialized forms of financing...more

Sullivan & Worcester

Fixed and Floating Charges: the Key is Control, but the Key to Control is Drafting

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In our April webinar “Risk Mitigation Techniques in Trade Financing Structures”, which I delivered with my colleagues Sam Fowler-Holmes and Maria Capocci, we discussed methods to mitigate risks all the way along the...more

Foley & Lardner LLP

Tips for Financial Health in the New Year: Avoid Having to Double Pay a Supplier

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What if your company was forced to pay twice for all of its purchases from a particular supplier during the last month? What if that double payment obligation instead covered the last three months, six months, or even longer?...more

Seward & Kissel LLP

Simply Speaking - May 2022: General Average

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Background - Almost a year to the day after the EVER GIVEN blocked the Suez Canal, making global headlines and focusing the general public’s attention on the world of shipping, bad news struck the EVER GIVEN’s parent...more

Cadwalader, Wickersham & Taft LLP

Breaking Bad - May 2022 | Issue No. 176 - Assessing ‘Bad Acts’ Risk in NAV Facilities (Part 1 of 2)

One aspect of NAV loans that lenders often focus on is the risk of “bad acts” by a borrower with respect to the investments that underpin the loans. For our purposes, NAV loans are loans to alternative investment entities...more

Cadwalader, Wickersham & Taft LLP

Sanctions Savvy - May 2022 | Issue No. 175 - LP Sanctions Risk in Fund Finance: Issues for Lenders to Consider

We have been closely monitoring the sanctions landscape over the last few months. Back in March, we covered the sanctions levied by the United States and other jurisdictions in response to Russia’s invasion of Ukraine. The...more

Goodwin

Client Conversation: Square Mile Capital

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As investors’ demand for life sciences real estate grows at a rapid pace, lenders are actively seeking to lend in this space. Goodwin partner Jarrid King spoke with Eric Juster, Vice President, Investments at Square Mile...more

McGuireWoods LLP

Healthcare Headlines: Episode 8 – Healthcare Lending Deal Landscape Trends and Forecasts for the Future

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Episode eight of McGuireWoods’ video series “Healthcare Headlines” is now available. Hosted by McGuireWoods partner Amber McGraw Walsh, a member of the firm’s nationally recognized Healthcare Department, this episode welcomes...more

BakerHostetler

[Webinar] Paycheck Protection Program 2.0: What Borrowers Need to Know - February 22nd, 11:00 am - 12:30 pm EST

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The Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act), enacted into law on December 27, 2020, provides additional, much-needed relief to businesses and families economically impacted by...more

Spilman Thomas & Battle, PLLC

Mitigating the Risk of Loss of a Delinquent Collateral Asset in the Era of Autonomous Zones

Following the death of George Floyd during his arrest in Minneapolis, Minnesota, America experienced months of civil unrest throughout the country. It was during these protests that some began to assert that civil society in...more

Greenberg Glusker LLP

Lessons for Health, Beauty & Wellness Companies [Part 3]: When to Consider Acquiring a Distressed Company

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In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part three...more

Hicks Johnson

Guidance for MSLP Lenders: How to Minimize Litigation Exposure

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While the Main Street Lending Program (“MSLP”) was designed to ameliorate economic harm caused by the COVID-19 pandemic, it leaves lenders open to possible litigation exposure if borrowers fail to satisfy their obligations....more

Goodwin

Financial Services Weekly Roundup: Treasury And SBA Codify Changes To PPP Flexibility Act

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In This Issue. The U.S. Department of the Treasury (Treasury) and the Small Business Administration (SBA) released an interim final rule to reflect changes made by H.R. 7010, the Paycheck Protection Program Flexibility Act,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Summary of 28th Annual Conference on Fair Lending and Consumer Financial Protection

Year In Review - Anand Raman, the head of Skadden’s Consumer Financial Services (CFS) practice, began the conference by providing a summary of notable events and trends over the past year relating to consumer financial...more

McDermott Will & Emery

Implications of integrating COVID-19 liquidity aids into existing loan agreements

The spread of the COVID-19 pandemic and its consequences also affect existing financing contracts in a variety of ways. In general, there are losses in sales in various industrial sectors and the associated need to adjust...more

King & Spalding

Disrupting the Disruptor: How a Prepared and Proactive Owner Can Mitigate the Effects of Coronavirus on Construction Projects

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Once a remote health issue in China, the rapidly spreading coronavirus (COVID-19) has become not only a global health concern but also potentially a global economic disruptor that could impact nearly every industry. The...more

Dorsey & Whitney LLP

What Construction Contractors and Owners Should Do, Today, to Prepare for the Possible Effects of Novel Coronavirus on their...

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As novel coronavirus has spread from China to Europe, the United States and around the globe, it has begun to have a debilitating impact on world markets, manufacturing, distribution, supply chains, and the workforce in...more

White & Case LLP

NYDFS Requires LIBOR Transition Plans by Early February

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On December 23, 2019, the New York Department of Financial Services (NYDFS) issued an Industry Letter instructing each institution it regulates, including banks and licensed Fintechs, to make submissions describing the...more

Moritt Hock & Hamroff LLP

A Guaranty for Every Need: An Overview of the Variety of Loan Guaranties-and How to Select the Right One

Underwriting a commercial credit facility is a process of weighing various risk mitigators until the lender is satisfied that the potential for loss is within its tolerance. By evaluating collateral value, credit history,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: A House Divided: New Risks to Lenders Under Delaware LLC Law

Recent changes to the Delaware Limited Liability Act (the “Act”) will require modification to Lenders’ forms of loan documentation, at least as they relate to loans to Delaware LLCs. The Act was amended effective as of August...more

Vedder Price

Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors

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After many years of congressional stalemates, the long awaited five-year reauthorization for the Federal Aviation Administration (the FAA) became federal law when signed by President Trump on October 5, 2018 (the...more

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