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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 previous discussion in section 4 above);
  • if the proposed transferee is prohibited from being a lender of record for regulatory reasons;
  • if the proposed transferee would give rise to a withholding tax liability ie it does not fall within the “qualifying lender” definition; or
  • remove the risk relating to the loan from the lenders balance sheet. However, whether a participation achieves off-balance sheet accounting treatment will depend on the application of the relevant accounting standards; or
  • if the transfer of a loan mid-interest period would trigger a break funding cost.