Amendments, waivers and consents

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Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert full name of borrower]1We refer to...
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19th May
Practice notes
European PIK loan facilitiesThis Practice Note provides information on European PIK loan facilities (PIK facilities). It discusses:•the key features...
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Produced in partnership with Susan Whitehead, Consultant at Hogan Lovells and Penny Angell, Partner at Hogan Lovells 19th May
Practice notes
Introduction to fund finance—capital call facilitiesThis Practice Note discusses:•what is meant by capital call facilities, NAV, or asset backed...
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Produced in partnership with Leon Stephenson of Reed Smith 19th May
Practice notes
Increased costsThis Practice Note considers the costs that a lender will incur when providing funding to a borrower and the steps that it will take...
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19th May
Practice notes
Perfecting securityIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
Synthetic securitisationsWhat is a securitisation?Securitisation is a technique used to finance the ownership or sale of types of assets that would...
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19th May
Practice notes
Bilateral, syndicated and club arrangementsOne of the features used to categorise loans is the number of lenders involved. A loan involving one lender...
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19th May
Practice notes
Pre-export finance—key terms in the facility agreementPre-export finance (PXF) is an established structure used to provide finance to producers of...
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Produced in partnership with Dentons 19th May
Practice notes
Derivatives—ISDA documentation frameworkThe International Swaps and Derivatives Association, Inc. (ISDA) is an association for participants in the...
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19th May
Practice notes
The facility agentThis Practice Note covers the duties and role of the facility agent (defined in the Loan Market Association (LMA) documentation as...
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19th May
Precedents
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year]Parties1[Insert name of Guarantor], a company incorporated in...
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19th May
Practice notes
Transferring a loan by equitable assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an...
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19th May
Precedents
[TO BE PRINTED ON THE HEADED PAPER OF THE LENDER][insert name and address of borrower][insert date]Dear [insert full name of borrower]We offer to...
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19th May
Practice notes
Loan Market Association (LMA)—news on documentation [Archived]This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA...
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19th May
Practice notes
Crystallisation of floating chargesThe key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the...
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19th May
Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert name of borrower],We are pleased to...
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19th May

Most recent Amendments, waivers and consents content

Q&As
Can a lender take security covering existing loans made as the price for making further funds available to a financially troubled company?This Q&A...
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9th Sep
Practice notes
Key issues in transferring securityCoronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on...
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9th Sep
Precedents
Amendment and restatement agreement: for an unsecured bilateral facility agreement with or without a guaranteeThis Agreement is made on [date]...
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10th Aug
Precedents
Amendment agreement (letter format): for a bilateral facility agreement with or without security or a guarantee[To be printed on the headed paper of...
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10th Aug
Precedents
Amendment agreement (agreement format): for a bilateral facility agreement with or without security or a guaranteeThis Agreement is made on [insert...
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10th Aug
Precedents
Waiver letter: for a bilateral facility agreement—waiving breach of facility agreement[To be printed on the headed paper of the lender][insert...
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10th Aug
Precedents
Confirmation of guarantee on variation of underlying facility agreement (bilateral)[To be printed on the headed paper of the Guarantor][insert...
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10th Aug
Precedents
Deed of confirmation of third party security on variation of underlying facility agreement (bilateral)This Deed is made on [date]Parties1[insert name...
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10th Aug
Precedents
Reservation of rights letter: breach of bilateral facility agreement[To be printed on the headed paper of the lender][insert date]To:[insert name and...
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10th Aug
Precedents
Letter confirming effective date of amendments to a bilateral facility agreement[To be printed on the headed paper of the lender][insert...
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10th Aug
Q&As
I noticed my client's security document was amended under hand not by deed. Is the amendment effective?There are many reasons why it might be...
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10th Aug
Q&As
Can you change the terms of a facility agreement over the phone or by email, or do you need an amendment agreement?STOP PRESS: On 16 May 2018 in the...
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Produced in partnership with Albert Sampson 10th Aug
Q&As
I've just noticed that an executed document has the wrong date on it. What should I do?The first thing you need to do is insert the correct date in...
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10th Aug
Practice notes
Amending security documentsCoronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on...
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3rd Aug
Q&As
What risks should lenders consider when granting unconditional amendments and waivers?Amendment and waiver requests are an important aspect of...
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31st Jul
Q&As
What factors should a lender consider if it is asked to waive a default under a loan agreement?This Q&A discusses the factors a lender will need to...
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Produced in partnership with Brian Cain 31st Jul
Q&As
My finance document has been executed, but one of the required signatories has signed in the wrong place. What should I do?A properly drafted finance...
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31st Jul
Q&As
I've just noticed that a transaction document which has already been executed contains an error. What can I do to correct this?For the purposes of...
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31st Jul

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