Secured and guaranteed facilities

Published by a LexisNexis Banking & Finance expert
Practice notes

Secured and guaranteed facilities

Published by a LexisNexis Banking & Finance expert

Practice notes
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If a borrower becomes insolvent, the lender may have to share the borrower's available assets with other creditors and only receive part of what it is owed as a result. Lenders often take security to protect themselves against this risk and increase the likelihood that they will be repaid. Where security is provided, the lender gets an interest in the security provider's asset(s) giving it comfort that it will be able to recover amounts from the borrower in the event of the borrower's Insolvency.

Alternatively (or in addition), a lender could take a guarantee from a third party in respect of the borrower's obligations to the lender. If the borrower fails to repay the loan, the lender can make a claim for payment upon the guarantor. This increases the lender's likelihood of getting repaid, particularly if the guaranteeing entity is a good credit or has influence or control over the borrower (for example, if it is the parent of the borrower).

Not all loan facilities are secured. For example, investment-grade loan facilities to large public companies

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Jurisdiction(s):
United Kingdom
Key definition:
Insolvency definition
What does Insolvency mean?

This can be defined by two alternative tests (Insolvency Act 1986, s 123):

cash flow test: a company is solvent if it can pay its debts as they fall due, no matter what the state of its balance sheet (Re Patrick & Lyon Ltd [1933] Ch 786);

• balance sheet test: a company which can pay its debts as they fall due may be insolvent if, according to its balance sheet, liabilities (including contingent liabilities) exceed assets.

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