The categorization of loan contracts by type of facility generally results in two main categories: representations and guarantees are similar in all facility agreements. They focus on the borrower`s legal capacity to enter into financing agreements and the nature of the borrower`s activity. They will often be broad and the borrower may try to limit them to issues that, if not correct, would have a significant negative effect. This qualification may apply to a large number of insurance and guarantees relating to the borrower`s activities (for example. B litigation, environmental and accounting matters), but will probably not be acceptable to the lender in order to limit the borrower`s ability to enter into financing agreements or with respect to important financial information. For commercial banks and large financial firms, “loan contracts” are generally not classified, although “loan portfolios” are often subdivided into “personal” and “commercial” loans, while the “commercial” category is then subdivided into “industrial” and “commercial real estate” loans. “Industrial” loans are those that depend on the cash flow and solvency of the company and the widgets or services it sells. Commercial home loans are those that pay off loans, but this depends on the rental income paid by tenants who lease land, usually for long periods of time. There are more detailed rankings of credit portfolios, but these are always variations around the big topics.
Particular attention should be paid to all “default cross” clauses that affect the fact that a failure in one agreement triggers a standard between another. These should not apply to on-demand facilities provided by the lender and should include thresholds defined accordingly. The existence of a union does not affect certain provisions of an ease agreement. For example, there will also be a definition of “majority lenders” that is required for approval for certain measures. It is normal for this definition to amount to two-thirds of syndicated banks based on the amount of their interest in the loan. The borrower should ensure that all unionized banks are “qualifying banks” for the above reasons, and once again, an appropriate guarantee may be appropriate. Representations and guarantees: these should be carefully considered in all transactions. It should be noted, however, that the purpose of insurance and guarantees in a facility agreement differs from its purpose in purchase and sale contracts.