Drawing Down on Existing Lines of Credit. In a recent post, we examined the pandemic’s effect on corporate loan agreements and identified some key issues that borrowers should consider. In this post, we examine one of these key issues in greater detail, namely drawing down on existing lines of credit, or ’revolvers’. As a result…

On May 15, 2020 Collaberex hosted a webinar addressing common questions about loan forgiveness under the Payroll Protection Program (PPP). Signed into law on March 27th, under the CARES Act, the program offers forgivable loans of up to $10 million each to qualified small businesses in order to fund payroll and certain other overhead costs….

COVID-19 Alert To our clients, friends and colleagues: Governor Ned Lamont of Connecticut has issued an Executive Order directing all workers at ‘non-essential’ businesses in the state to stay at home during the novel coronavirus (COVID-19) outbreak. This order, which follows similar orders from the states of New York, Pennsylvania, California and Illinois, will go…

For a secured lender, cash is often the most critical piece of collateral. Borrowers generally keep cash in deposit accounts at a bank. Thus, a lender will want to obtain a perfected security interest in those deposit accounts in order to have a perfected security interest in that cash. Article 9 of the Uniform Commercial…

Scenario: You are the chief financial officer of Greater Growth Company, a privately-owned middle market company with several subsidiaries (taken together, “GGC”) that has been growing rapidly over the past few years. You believe that GGC needs additional capital to make the necessary investments in working capital, capital expenditures for plant and equipment, and acquisitions to…

LIBOR Phaseout Implications for Credit Agreements Few things have generated comparable levels of mental anguish and attention among investors and finance professionals as the looming phase-out of LIBOR as a benchmark interest rate, which takes place by the end of 2021. This phase-out is expected to have far-reaching consequences on corporate loans, derivatives, bonds and…

April 2018: Joseph Otting, the head of the Office of the Comptroller of the Currency, announced on February 27, 2018 that banks no longer need to adhere to the Leveraged Lending Guidance when providing leveraged financing. Mr. Otting said that “Institutions should have the right to do the leveraged lending they want, as long as they…

January 2018 – In a detailed speech HERE given on January 9, 2018 at the annual Primary Dealer Meeting in New York City, Lorie K. Logan, Senior Vice President of the Federal Reserve Bank of New York, discussed the movement away from the use of the LIBOR rate as a reference rate and the New York Fed’s role as…

On September 1, 2017, the Federal Reserve Board adopted a rule (the “Rule”) that will require banks that are deemed “global systemically important banking organizations” (“GSIBs”) and the United States operations of foreign GSIBs to amend their hedging agreements and certain other agreements (known as “qualified financial contracts” or “QFCs”) to add limitations on the…

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