Of loans and limitations: limitation and the enforcement of syndicated credit agreements

This article considers when time begins to run for limitation purposes where a lender, facility agent or security trustee makes a claim under or in connection with a syndicated loan. In doing so, it reviews the operation of limitation periods under ordinary non-syndicated loan contracts, both secured and unsecured.

It concludes that while successful limitation defences against syndicated loan claims will likely be rare, there are potential complications and traps for lenders which may have escaped the notice of borrowers and lenders alike to date, but which merit further attention.

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Filed Under: JIBFL

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