Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“It really is saving us a huge number of hours over the days, weeks and months. Having more relevant support at hand, not having to draft or review documents them from scratch - it all adds up.”

Southampton FC

Access all documents on Agreement among lenders (AAL)

Agreement among lenders (AAL) meaning

What does Agreement among lenders (AAL) mean?
An agreement among lenders (AAL) is a private contract between lenders in a unitranche financing that sets how they rank and exercise rights as between themselves. It is a market term rather than one defined by legislation or case law. An AAL typically covers: priority and payment waterfall (often between “first‑out” and “last‑out” tranches); enforcement and standstill arrangements; control and voting rights; amendment thresholds; buy‑out mechanics; loss sharing; allocation of fees, prepayments and recoveries; transfer restrictions; information sharing; and insolvency outcomes. The AAL usually sits behind a single borrower‑facing unitranche facility agreement and common security, with the borrower rarely a party. A common security agent acts under the facility/security documents; inter‑lender issues are determined by the AAL. Where a super senior revolving credit facility is present, a separate intercreditor agreement governs priorities between the super senior and the unitranche; the AAL then governs intra‑unitranche priorities and controls. Originating in the US market, AALs are now widely used in UK and Irish leveraged finance. Their function and terminology are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, with governing law commonly English or New York.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Agreement among lenders (AAL)

PRACTICE NOTES
Acquisition and Leveraged Finance: Practitioner’s A–Z of Terms, Covenants, Structures and Jargon

This glossary sets out many of the expressions commonly used in the leveraged finance market. Words appearing in the definitions in bold are defined elsewhere in this glossary. For further banking terminology, please refer to the main Banking & Finance Glossary... Acquisition finance glossary—A Acceleration Acceleration is the formal action taken by the agent, on the instructions of the majority lenders, following an event of default, such as making a demand for early repayment of the loan. See Practice Note: Accelerating a loan for more information... Accordion feature/accordion facility An accordion, also called an incremental debt feature, is a mechanism in the facilities agreement that, provided specified conditions are satisfied (for example, pro forma compliance with a leverage test), permits those lenders under the facilities agreement who wish to do so to advance additional debt. The terms for that extra debt are typically captured in an increase notice. This accordion or incremental debt flexibility is different from structural adjustment, which usually requires the majority consent...

Read More Right Arrow
PRACTICE NOTES
UK Banking, Finance, Capital Markets, Derivatives and Insolvency Law Glossary including Islamic finance

Banking & Finance glossary A Auditing and Accounting Organisation for Islamic Financial Institutions (AAOIFI) The foremost Islamic, international, autonomous, independent, not-for-profit corporate body that develops and issues accounting, auditing, governance, ethics and Shari’ah benchmarks and standards for Islamic Financial Institutions (IFIs) and the wider Islamic finance sector. Founded in Bahrain in 1991, it is backed by a number of institutional members across more than 45 countries, including central banks and regulatory authorities, financial institutions, accounting and auditing practices, and legal firms. Its pronouncements are currently applied by leading Islamic financial institutions across the world and have advanced a progressive and gradual harmonisation of global Islamic finance practice. It also delivers professional qualification programmes—notably Certified Islamic Professional Accountant (CIPA), Certified Shari’ah Adviser and Auditor (CSAA), and the corporate compliance programme—in efforts to strengthen the industry’s human capital and governance frameworks. For further details, see Practice Note: Key participants in the Islamic finance industry—Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI). Acceleration Acceleration is the formal action...

Read More Right Arrow