22 Exercise – transfer of financial assets in transactions

Draw a structure diagram showing the parties and legal obligations for an Assignment Novation Declaration of trust Participation Risk participation Now draw another diagram showing how the party who now receives the benefit (from the modes above) would take legal action to enforce the debt against the debtor and whether it would have to join […]

08, 15, 2015
Comments Off on 21 Risk Participation

By whiggs

Transfer of financial assets in transactions

21 Risk Participation

Risk participation is similar to a funded participation discussed above but acts like a guarantee for the lender. The risk participant will not immediately place any deposit with the lender, but will agree to put the existing lender in funds in certain circumstances (typically on any payment default by the borrower). The risk participant will […]

08, 15, 2015
Comments Off on 20 Legal nature of funded participation

By whiggs

Transfer of financial assets in transactions

20 Legal nature of funded participation

In conclusion the nature of the participation arrangement is that: the participant is not a direct party to the loan agreement governing theunderlying loan; the lender does not transfer or assign rights or obligations under the loan or loan documentation to the participant; the participant has no proprietary interest in either the loan or the […]

08, 15, 2015
Comments Off on 19 Why you ask?

By whiggs

Transfer of financial assets in transactions

19 Why you ask?

if the consent of the borrower is required for an assignment or novation; if assignment or novation is permitted but is unlikely to be obtained (for example in the borrower’s insolvency); if the proposed transferee is prohibited from being a lender of record because it is not a permitted transferee under the loan agreement (see […]