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Study: Blocking the Next "Trap Door" - Strengthening Collateral Protection By Limiting Baskets In Credit Agreements
Within the credit agreements, corporate borrowers are required to pledge collateral in order to secure their, or their guarantors’, obligations under the credit documents, and comply with various covenants on actions that the borrower may not take. However, to provide borrowers with limited flexibility to continue operating in the ordinary course of business, many negative covenants include a basket, or deductible - a maximum dollar amount relating to a specific exception to a negative covenant. This is known as the “trap door”.
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