Commercial Finance - Understanding the fine print
Borrowing from a bank in a cost and time effective way can be challenging.
Bank documents naturally favour the bank, and may be difficult for some readers to fully appreciate what the deal and the documents really mean.
Please then join us in an informative session on exploring the structures and true meaning of bank finance and security interests documents, with guidance from our experienced lawyers.
- Risk decisions for the lender that dictate terms
- Loan products - overdrafts, fully-drawn advances, come-and-go facilities, bill facilities, finance leases of equipment, bank guarantees, letters of credit
- Security interests - Allpap/s, mortgage of land, specific security interests over intellectual property / water rights / government licences, flawed asset arrangements, private guarantees by owners, dominion over cash
- Traps e.g., "all moneys" security interests, drawdown conditions, the "permitted use" of proceeds, negative pledges, break costs, "cost of funds", interest capitalisation, legal fees, contagion within an informal borrowing group, staggered maturity dates, acceleration clauses, variation clauses, "entire agreement" clauses, "corporate benefit" issues
- Financial covenants - LVR, interest cover ratio, net asset ratio/s, and more
- Events of Review and what they really mean
- Events of Default (and the new ipso facto regime and unfair contract terms in small business lending)
- Standstill Agreements
Mark Sallis, Special Counsel - Mark has years' insider experience acting for the commercial lending divisions of some major Australian banks. Mark now assists commercial and our corporate client borrowers in dealing with banks, and also supports Rob Surman (below) in our financial services practice.
Rob Surman, Partner - Rob has specialised in financial services and corporate advisory work associated with the financial services sector for over 25 years. His deep experience covers both commercial and consumer finance.
Who Should Attend
- Chief Financial Officers
- Finance Managers
- In-house Counsel