Potential Pitfalls in Borrowing Base Transactions
1 hour 30 minutes
Understand the basics of ABL credit agreements and the best practices for compliance.
When negotiating a credit agreement, several factors, including the borrower’s risk profile and credit ratings, impact the breadth of the affirmative, negative and financial covenants imposed on the borrower. However, some of the most burdensome credit agreements are asset-based lending (ABL) credit agreements. The heart and soul of ABL lending is the collateral, and thus, ABL credit agreements often provide for intense lender monitoring and supervision because the borrowing base is tied to eligible assets. Under such a strict regime and without good advice from counsel, it is not uncommon for borrowers to trip an unintended default. This topic will highlight the basics of ABL credit agreements, including common provisions and pitfalls, and provide lawyers and treasury professionals with specific areas on which to focus review during negotiations. This information will also help ensure that the persons responsible for administering ABL credit facilities understand best practices for compliance with their complex provisions.
• You will be able to define defaults.
• You will be able to identify best practices pre- and post-closing to avoid defaults.
• You will be able to recognize frequent compliance inquiries.
• You will be able to discuss typical asset-based lending credit agreement provisions and term sheet considerations.