Back to Search Results

Training Course Summary:

The course focuses, from a practical point of view, on the content and terminology of example documents and their intended consequences from the point of view of both borrower and lender. Participants will gain an understanding of the key points for consideration in loan and debenture documentation. Important danger areas are highlighted in order that they can be specifically and fully negotiated.

Training Course Overview/Content:

Background and Overview
Taking security
Ownership and possession
Fixed and floating charges
Mortgages, pledges and liens

Structure of a Loan Agreement
Boilerplate
Representations, warranties and indemnities
Covenants
Conditions precedent

Traps to Avoid
Unfair Terms Regulations 1999
Insolvency Acts 1986 and 2000
Transactions at undervalue
Registration
Environmental liability
Financial assistance
Loans to directors

Loan Agreements
The facility and its purpose
Conditions of utilisation
Repayment, prepayment and cancellation
Interest and interest periods
Commitment and arrangement fees and costs
Tax gross up and indemnities
Undertakings re information, property etc.
Financial covenants
Events of default, cross default and MAC clauses

Debentures
Covenant to pay
Default interest
Security
Negative pledge
Conversion of floating charge
Deposit of documents and title deeds
Book debts and rental accounts
Dividends, voting rights and nominees
Enforcement
Power of attorney
Appointment and powers of a receiver

Guarantees
Guarantee and indemnity
Continuing security
Protective clauses
Termination