LMA amendments solve Lehman

Elizabeth Fournier | NEWS ANALYSIS - July 02, 2009

Long-awaited documentation released by the Loan Market Association (LMA) has succeeded in filling some of the gaps that emerged when Lehman Brothers and several Icelandic banks collapsed.

But lawyers drafting new agreements should not assume that the new provisions are appropriate to every deal, particularly when it come to treating lenders equally. "It's not a simple case of plug in the words and off you go," said Susan Whitehead, a senior consultant in Lovells' banking group.

“One example is would it really be appropriate to include an automatic term-out clause when that can result in the lenders no longer being treated equally with drawings on a pro-rata basis?”The automatic-turnout clause allows an insolvent lender’s revolving credit...




Related articles

Akbank decided to bite the bullet and try a direct issuance, notwithstanding the witholding tax costs

Simon Porter explains how a Turkish bank sold bonds structured to anticipate changes to the country's tax laws

Web seminars

US regulatory reform
August 3 2010
The impact of US regulatory reform on foreign financial institutions and issuers. A discussion with UBS, Morrison & Foerster and IFLR

Latest Issue

September 2010

Avoiding the circular
China-based companies are moving away from Circular 10 when listing abroad. New work-around structures are emerging [more]