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Drafting Term Sheets and Financing Agreements

Drafting Term Sheets and Financing Agreements Ward Buringrud Partner, Finance and Commercial Law Transactions The business plan What the lender wants What the borrower wants Agenda Term sheet basics and problem areas Structuring loan documentation Negotiating credit Agreements Representations and warranties Affirmative and negative covenants Events of default Security document essentials Oddball collateral Closing conditions and 3rd party consents Term sheet basics Description of credit facilities Interest rate and fees Parties names Payment terms and maturity date Term sheet basics Description of the

In a term loan agreement, representations and warranties are made at closing. In a revolving credit, representations and warranties are made at each credit extension and can limit access to the credit facilities in the future. Representations and warranties are frequently unqualified statements, and

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