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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...
This glossary sets out numerous expressions regularly encountered in the restructuring & insolvency sphere. Words shown in bold within definitions are themselves explained in other entries in this glossary as well. A Article X The MLIJ contains a single provision named Article X, aimed at jurisdictions that have already implemented the MLCBI, like England, or are weighing its adoption. Article X states: ‘Not withstanding any prior interpretation to the contrary, the relief available under [insert a cross-reference to the legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross-Border Insolvency] includes recognition and enforcement of a judgment’ (see Practice Note: UNCITRAL model law on recognition and enforcement of insolvency-related judgments (MLIJ): Article X). Asset-backed security (ABS) A form of security anchored by asset pools, for example loans, leases, and credit card receivables. Assimilated law From 1 January 2024, ‘retained law’ has been retitled ‘assimilated law’. The body of domestic law originally arising from EU obligations, created by the European...
This Practice Note looks at: the challenges sanctions may create for lending transactions key facility agreement terms to consider in a sanctions context the approach to sanctions of the Loan Market Association (LMA) and the Loan Syndications and Trading Association (LSTA) the effects of the EU Blocking Regulation Conflict in Ukraine Focus on sanctions has intensified following additional measures introduced in response to the conflict in Ukraine. We have issued the Practice Note: Sanctions—FAQ for banking & finance lawyers, which examines those measures and the potential effects on finance transactions and loan agreements. It also includes links to detailed material. See also the Financial sanctions collection featuring Practice Notes, news and trackers. The remainder of this Practice Note considers more general points when drafting sanctions provisions in loan agreements. Where can I find information on financial sanctions? Our Financial sanctions collection is a comprehensive, interactive tool to help users find and navigate relevant content when advising on financial...