Some of these terms appear in the optional tabs that can be added to investment degree agreements, but none are in the basic investment agreements. Add the wording “guarantee intent” to the guarantee clause. It can be difficult for lenders to obtain a guarantee if the terms of the underlying loan are then changed without the agreement of the surety. However, a lender may be in a better position if it can prove that the guarantor and lender thought about the nature of the change at the time of the guarantee. The term “guarantee intention” of the LF agreement attempts to remedy this situation. If you have a revolving facility, you include compensation provisions in the Refund section. Renewable loans have only one period of interest. Thus, at the end of each interest period, the borrower will generally want to partially or fully refinance its existing revolving loans by attracting new loans in Distress. In practice, the lender or borrower makes only one net payment as long as the stock of revolving loans increases or decreases. Since June 2009, the AU agreement has recognized that both lenders and borrowers must make only these net payments. These documents (for which the context allows, text, content, tables with macros and electronic interfaces, as well as their underlying assumptions, conversions, formulas, algorithms, calculations and other mathematical and financial techniques) are made available to members of the Credit Market Association, in accordance with the statutes of the Credit Market Association (a copy of which is available here) to facilitate the documentation of transactions in the credit markets.
None of the Loan Market Association, Allen-Overy or Clifford Chance assumes any responsibility for any use of these materials or any loss, damage or liability resulting from such use. None of the Loan Market Association, Allen-Overy or Clifford Chance has considered the laws of a jurisdiction that may apply to any of the parties to an agreement using these materials and its purpose. Members should therefore consider all relevant legal, accounting and regulatory issues before using these materials or entering into a transaction in connection with these materials and, if necessary, consulting with their professional advisors. Under the market disruption clause, in the event of market disruption, the actual monetary cost of each lender is used to calculate the interest rate on its loans instead of LIBOR. In this clause, insert a “LIBOR soil” so that no lender suffers from this clause if its financing cost is less than libor. The SAU agreement now contains this floor.