This Legal Update explores the considerations that a warehouse lender should bear in mind when deciding whether to provide borrowing base credit for participation interests and defining eligible participation interests....more
4/14/2026
/ Asset-Backed Securities ,
Asset-Based Lending ,
Banking Sector ,
Collateral ,
Contract Terms ,
Credit Agreements ,
Credit Facilities ,
Due Diligence ,
Lenders ,
Liquidity ,
Loan Agreements ,
Loans ,
Risk Management ,
Structured Finance ,
Valuation
This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, its original promissory note (if any) must be delivered to the collateral agent or custodian....more
This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan must be fully funded (or, for any delayed draw term loan or revolving loan, a...more
This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan’s documentation cannot contain confidentiality restrictions that could impair the...more
This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan cannot be used for “personal, family or household purposes.”...more
9/24/2025
/ Borrowers ,
Commercial Loans ,
Compliance ,
Consumer Protection Laws ,
Due Diligence ,
Financial Institutions ,
Lenders ,
Loans ,
Regulatory Requirements ,
Risk Management ,
Uniform Commercial Code (UCC) ,
Warehouses