As loan contracts became more complex, the amendable provisions followed. There are now more bespoke parts of loan agreements that require only certain parties to change, Officers obtain additional authorizations for authorized documentation changes, including the implementation of additional facilities and authorized structural adjustment, and there may be other level stages of approval than typical “all lenders” and “majority lenders” (i.e. majority lenders). In addition, the recent addition of restrictions for “net short-term lenders” added additional provisions to the documentation during the vote on the amendments. As high-yield bond and bond markets have moved closer over time, several components of high-yield borrowing have been incorporated into fixed-rate loans. In several respects (and beyond the main framework of this section), this provision added elements that extended the duration of the loan contracts, either by adding new provisions or by significantly extending existing provisions. Examples: The traditional view of a syndicated loan has always been that an individual lender can take steps to recover its share of the loan when it matures, unless it is expressly prohibited. Unfortunately, a Hong Kong court in Charmway Hong Kong Investment Ltd – ors v Fortunesea (Cayman) Ltd – golds  HKCFI 1308, on 28 July 2015, recently expressed its opposite view. While the decision is likely to be wrong, it is likely that the standard wording in syndicated loan contracts will change to dispel any doubt. Advances: A borrower should ensure that he or she has some flexibility to pay advances (early repayment of the loan) without paying any additional fees if possible. However, advances are only allowed at the end of interest periods, which avoids the payment of breakage fees and, in most cases, is in the best interests of the borrower. Particular attention should be paid to all mandatory advances (for example. B in the event of a sale or, for private companies, on a float) as well as at any down payment costs to be paid.
In Charmway, a Hong Kong court questioned whether an individual lender could take steps to recover its share of outstanding loans under a syndicated loan contract that appears to have been based on the terms of the LMA or APLMA. Surprisingly, the court found that only one lender could not do so. The decision is largely based on the absence of provisions of the loan agreement that expressly specify or recognize that each lender`s share of a loan is a separate exelent debt owed to that lender. Default events: These will be voluminous. However, there are good reasons for them and, if negotiated properly, they should not allow the loan to be used unless there is a serious breach of the facility agreement. Although the finger is often directed at lawyers who add increasingly complex projects and provisions to applicable documents, they often solve an already identified problem, or document a commercially agreed position, which is precisely so randomly involved and more complex than the previous transaction. Comparing a loan contract with the LMA form may be a little unfair, given that the LMA form is a very useful form for industry standards, but the business transaction often relies on a “market” precedent that, as described above, has extended over time to both the practical realities of the creditor-debtor relationship and the subsequent development of documents in new forms with additional characteristics. Ironically, a shorter time frame for financial statements may lead to even longer and shorter documents, as parties tend to add additional wording (particularly the nature “regardless” of the nature of the crossing) to score a point, rather than accurately voting on certain equivalent terms.