Making the Deal Happen: Managing Bilateral Debt Transactions

Introduction

Even the most straightforward lending transactions have a lot of moving parts. It’s not just the law you have to worry about to reach a successful conclusion, but also a whole wide range of both basic and complex transaction management issues. Even without the need to negotiate, it can be difficult to get all of these completed to the finish line at the same time.

Any failure to do so can result in delayed completions, increased costs, unwelcome consequences for linked transactions and, most importantly and to be avoided at all costs, unhappy clients and partners.

This introductory level virtual classroom seminar will focus on the project management aspects of a simple bilateral secured debt transaction. It will focus on how you can avoid issues through proactive steps and analysis, propose and implement solutions and help to ensure you avoid most of the common and costly problems before they arise. It will also help you to plan for problems and as a direct result of your actions and skills, be at least one step ahead all the way and hence help ensure a successful transaction for all.

What You Will Learn

This live and interactive session will cover the following:

• Choosing and using Term Sheets and Heads of Terms effectively
• Agreement/documentation of quantum of all foreseen fees and related scopes of work
• Due diligence - who does what and to whom?
• Defining the correct scope
• KYC/AML
• Corporate and key individual checks (compliance and financial)
• Title checks
• Ongoing or threatened legal actions
• Environmental reports
• Existing financial and secured position
• Negotiating key documents across corporate, facility, and security aspects
• Understanding the basic structure of bilateral debt instruments
• Navigating inter-creditor issues, third-party engagement, costs, and confidentiality
• Incorporating key deal elements (e.g. acquisitions, disposals, covenants, MBOs)
• Addressing regulatory requirements in certain sectors:
• Consumer Credit
• EU Green Loan Market
• Aviation and Marine
• And others
• Handling cross-border and jurisdictional considerations
• Structuring conditions precedent and subsequent, and identifying potential blockers
• Managing completion, including electronic execution and escrow arrangements
• Overseeing post-completion filings and responsibilities
• Billing and recovery
• Common pitfalls that arise during and after the documentation phase and how to avoid them

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.