Representations and guarantees are similar in all facility agreements. They focus on the borrower`s legal capacity to enter into financing agreements and the nature of the borrower`s activity. They will often be broad and the borrower may try to limit them to issues that, if not correct, would have a significant negative effect. This qualification may apply to a large number of insurance and guarantees relating to the borrower`s activities (for example. B litigation, environmental and accounting matters), but will probably not be acceptable to the lender in order to limit the borrower`s ability to enter into financing agreements or with respect to important financial information. For commercial banks and large financial firms, „loan contracts“ are generally not classified, although „loan portfolios“ are often subdivided into „personal“ and „commercial“ loans, while the „commercial“ category is then subdivided into „industrial“ and „commercial real estate“ loans. „Industrial“ loans are those that depend on the cash flow and solvency of the company and the widgets or services it sells. Commercial home loans are those that pay off loans, but this depends on the rental income paid by tenants who lease land, usually for long periods of time. There are more detailed rankings of credit portfolios, but these are always variations around the big topics. To the extent that additional borrowing is required and available, borrowers should consider making changes to their debt pacts that allow for additional debts that should be subordinated. These include all stimulus loans, such as . B loans under the wage protection program.
Representations and guarantees: these should be carefully considered in all transactions. It should be noted, however, that the purpose of insurance and guarantees in a facility agreement differs from its purpose in purchase and sale contracts. The lender will not attempt to sue the borrower for breach of representation and guarantee – instead, it will use an infringement as a mechanism to call a default event and/or ask for repayment of the loan. A disclosure letter is therefore not required with respect to insurance and guarantees in the facility agreements. In contract law, the consideration relates to an object of value that the parties negotiate under a contract. Consideration is a necessary element of all binding contracts.