Powered by Lexis+®
CASE STUDY

“We have to become more agile as our clients' expectations and requirements change. The only thing we know is that tomorrow is going to be different and we must be prepared. With LexisNexis, I feel more confident of that we're ready every time.”

Wolverhampton County Council

Access all documents on Yank the bank

Yank the bank meaning

What does Yank the bank mean?
In leveraged finance and other LMA-style syndicated loan agreements, “yank the bank” describes a borrower’s contractual right to require a non-consenting or problematic lender to transfer its commitments to a replacement lender chosen by the borrower. It is a market term, not defined in legislation or case law, and appears in documents as a Replacement of Lender/Yank the Bank clause. Typical triggers include a lender withholding consent to an amendment or waiver approved by the requisite majority, a defaulting lender, or a lender affected by illegality, tax gross-up or increased-costs claims. Via the agent’s transfer certificate, the outgoing lender must execute an assignment or novation and is repaid at par plus accrued interest and break costs (and any agreed transfer fee). The replacement lender must satisfy eligibility criteria and any minimum transfer amounts. No premium is payable unless expressly agreed. The clause mitigates hold-out risk, facilitates amendments and refinancings, and supports efficient syndicated loan management. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland under LMA-based loan agreements, although transfer mechanics differ slightly (for example, novation/transfer certificate; in Scotland, assignation with intimation).
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 Yank the bank

PRACTICE NOTES
Amending Facility Agreements: lender consents, syndicated processes, guarantees and security, documentation options, conditions precedent, and fees and expenses

This Practice Note outlines the principal issues to take into account when altering an existing facility agreement. It covers: typical drivers and rationales for changing a facility agreement key considerations when amending a facility agreement in the context of a bilateral or syndicated transaction matters to address where guarantees or security are in place ways to document an amendment, including whether to use an amendment letter, an amendment agreement, or an amendment and restatement agreement usual conditions precedent to effectiveness points concerning fees, costs and expenses This Practice Note does not address one-off waivers and consents. For further information on waivers and consents, see Practice Note: Waivers and consents. For material on amending security documents, see Practice Note: Amending security documents. For general contract law guidance on varying a contract, see Practice Note: Contract variation. Common reasons for amending a facility agreement After execution of the facility agreement and once funding has taken place, the borrower’s situation...

Read More Right Arrow
PRACTICE NOTES
A-Z glossary of UK corporate restructuring and insolvency: key terms, procedures, enforcement and cross-border issues

This glossary sets out numerous expressions frequently encountered in the restructuring arena. Words appearing in the definitions in bold are explained in other entries in this glossary. For further banking terminology, see the principal Banking & Finance Glossary. Restructuring glossary—A Acceleration: Acceleration means the agent, acting on directions from the majority lenders after an event of default, takes formal action, for example calling for early repayment of the facility. Ad-hoc committee: A temporary creditors’ group (often contrasted with a formal committee) that lacks any entitlement to official recognition. Administration: A process under the IA 1986 in which a financially distressed company is operated by an administrator as a going concern before longer-term outcomes, such as break-up and sale, are pursued. Administrator: An Insolvency Practitioner named by the court, a Qualifying floating charge holder, the directors or the company, to take control and fulfil one of the purposes in IA 1986, Sch B1. Administrative receivership: Arises when a company breaches the terms of...

Read More Right Arrow
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