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Typically, violation of a covenant may result in a default on the loan being declared, penalties being applied, or the loan being called. The legal provision in the loan agreement providing for the loan to be "called" is the " acceleration clause ": once the buyer defaults, all future payments due under the loan are "accelerated" and deemed to ...
"The rule with regard to the construction of such a covenant is conveniently stated in Foa's Landlord and Tenant, 7th ed., p. 111, and as we think that the passage accurately states the law we will quote it instead of setting out the various cases which deal with this point: 'A covenant, like any other contract, is to be construed according to ...
Cov-lite (or "covenant light") is financial jargon for loan agreements that do not contain the usual protective covenants for the benefit of the lending party. Although traditionally banks have insisted on a wide range of covenants that allow them to intervene if the financial position of the borrower or the value of underlying assets deteriorates, around 2006 the increasing strength of ...
It is also possible to subcategorize on whether the loan is a secured loan or an unsecured loan, and whether the rate of interest is fixed or floating. Promise to Repay Forms of loan agreements vary tremendously from industry to industry, country to country, but characteristically a professionally drafted commercial loan agreement will ...
(Bloomberg Opinion) -- If every leveraged-loan and high-yield bond deal is “cov-lite,” then none is.This line of reasoning, loosely inspired by “The Incredibles,” might be how investors ...
An acceleration clause, also known as an acceleration covenant, may be included within a contract, so as to fully mature the performance due from a party upon a breach of the contract, such as by requiring payment in full upon the contract if a borrower materially breaches a loan agreement.
Another example would be where a lender agrees to lend $100,000 at 5.0% interest for 30 years, and at the closing the loan documents are all drawn up for a loan with a 6.0% interest rate. If the lender agrees to reduce the closing costs by an extra $1000 and the borrowers agree, then there has been an accord and satisfaction.
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