LMA leveraged documents—what has changed?

LMA leveraged documents—what has changed?
The Loan Market Association (LMA) published major changes to its suite of documents for use on leveraged acquisitions on 18 November 2016 in response to feedback from the market and changes to practice. It also published a debenture for use on real estate finance transactions. This news analysis focuses on examining the changes to the leveraged documents.
The recommended form of facilities agreement for use on leveraged acquisitions (the leveraged document) has undergone the most substantive changes, while the amendments to the intercreditor agreement, term sheet and hedging letter are for the most part consequential changes resulting from the changes to the leveraged document.The LMA have drafted a helpful note summarizing the key changes and have also updated the user guide to the leveraged document. These, together with mark-ups of the revised documents are available on the LMA website to members of the LMA.This is a major update to the leveraged suite of documents and this news analysis aims to highlight the key changes only. For a detailed understanding of all the changes that have been made, we refer you to the note published by the LMA summarising the changes, the mark-ups published by the LMA and the associated user guides.
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In summary, what key changes have been made?

The key changes to the leveraged document are as follows:

  • addition of optional mechanism to allow for additional term facilities (incremental facilities) to be lent within the framework of the leveraged document
  • amendment to the loan transfer provisions to allow for, as an option, transfer of loans to entities on an agreed list (ie a whitelist) without consent or consultation

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    About the author:

    Miranda is a solicitor specialising in leveraged and acquisition finance. She trained at Hogan Lovells International LLP and qualified into the international banking and finance team. During her time at Hogan Lovells she worked on a variety of domestic and cross-border transactions, acting for both borrowers and lenders. She also experienced secondments to Barclays Bank PLC and Kaupthing Bank hf.