Tips and traps for in-house lawyers: key issues in a lending transaction
Produced in partnership with Olivier Hensby, senior in-house counsel
Tips and traps for in-house lawyers: key issues in a lending transaction

The following Banking & Finance guidance note Produced in partnership with Olivier Hensby, senior in-house counsel provides comprehensive and up to date legal information covering:

  • Tips and traps for in-house lawyers: key issues in a lending transaction
  • The role of an in-house lawyer in a lending transaction
  • The pre-mandate letter stage of a lending transaction
  • The mandate letter stage of a lending transaction
  • The intercreditor agreement and the subordination arrangements
  • The security and guarantee documents
  • The conditions precedent and the signing and closing process

The extent of an in-house counsel’s involvement in a lending transaction will be dictated by the ambit of their role and to a large extent by the complexity of the transaction. In some organisations, an in-house counsel will have a purely 'advisory' role setting out relevant policies for the business teams to implement and as such will not be actively involved in the day-to-day running of a lending transaction but will step in on ad-hoc business queries and where a deviation of policy occurs. Conversely in other organisations, the in-house counsel will have a 'transactional support' role pursuant to which such counsel will be actively involved in the day-to-day running of a lending transaction with the business or commercial team (this may range from a purely legal support role to a transaction management/execution role).

For more information about the role of in-house counsel, see Practice Note: Practical points for banking and finance lawyers new to in-house roles.

This Practice Note is intended to provide tips and guidance to the latter category of in-house counsel in order to assist such transactional support counsel in their day-to-day role. It will also hopefully provide useful guidance and insights for those advisory in-house counsel.

The role of an in-house lawyer in a lending transaction

This Practice Note assumes that both in-house and external legal counsel will