Potential Pitfalls in Borrowing Base Transactions

$149.00

SKU: 410925

Description

Understand the basics of ABL credit agreements and the best practices for compliance, with an emphasis on current market trends.
When negotiating a credit agreement, several factors, including the borrowers risk profile and credit ratings, impact the breadth of the affirmative, negative, and financial covenants imposed on the borrower. However, some of the most burdensome credit agreements are assetbased lending (ABL) credit agreements. The heart and soul of ABL lending is collateral, and thus, ABL credit agreements often provide for intense lender monitoring and supervision because the borrowing base is tied to eligible assets. Under such a strict regime and without good advice from counsel, it is not uncommon for borrowers to trip an unintended default. This topic will highlight the basics of ABL credit agreements, including common provisions and pitfalls, and will provide lawyers and treasury professionals with specific areas on which to focus review during negotiations. This information will also help ensure that the persons responsible for administering ABL credit facilities understand best practices for compliance with their complex provisions.

Date: 2023-09-18 Start Time: 1:00 PM ET End Time: 2:05 PM ET

Learning Objectives

* You will be able to discuss typical assetbased lending credit agreement provisions.

* You will be able to explain where to focus review of term sheets and credit agreements.

* You will be able to identify best practices pre and postclosing to avoid defaults.

* You will be able to discribe an action plan if default occures or is forecasted.

Discuss Typical Asset-Based Lending Credit Agreement Provisions and Term Sheet Considerations
• Where to Focus Review of Term Sheets and Credit Agreements
• Typical Definitions, Representations, Covenants and Events of Default
• Other Pitfalls in Reporting and Compliance

Formulate Best Practices Pre- and Post-Closing to Avoid Defaults
• Credit Agreement Negotiation
• Credit Agreement Administration

Defaults
• Avoiding Defaults
• Action Plan If Default Occurs or Is Forecasted
• A Word on Technical Defaults

Frequent Compliance Inquiries

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Hillary Patterson-Hunton Andrews Kurth LLP, Jessica R. Tobin – Hunton Andrews Kurth LLP