Insert Alternative Choice in the Credit Agreement and eSign it in minutes

Aug 6th, 2022
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How to Insert Alternative Choice in the Credit Agreement

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welcomes at the five-minute legal master series were expert attorneys help you master important legal topics today board-certified creditors rights attorney Nicholas D Kralik discusses credit agreements welcome today I want to talk to you a little bit about credit agreements you know in the euphoria of getting a new customer not many creditors especially their sales departments want to think about their customer becoming a debtor somewhere down the line however when a creditor extends credit to that new customer hes essentially lending his companys money and there is a risk that the creditor may not get paid by this customer therefore the outset of the business relationship with a new customer that is precisely the time to be proactive to anticipate what rights and remedies you as the credit grantor will want and need to have at your disposal if and when the new customer becomes a non-compliant debtor youve got to prepare for collection from day one and nobody likes to think about

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The main difference between SOFR and LIBOR is how the rates are produced. While LIBOR is based on panel bank input, SOFR is a broad measure of the cost of borrowing cash overnight collateralized by U.S. Treasury securities in the repurchase agreement (repo) market.
A credit agreement can be (i) a credit facility; (ii) a credit transaction; (iii) a credit guarantee; or (iv) an incidental credit agreement. Below, each of these types of credit agreement is defined and illustrated with examples.
A: SOFR is a fully transaction-based rate reflecting roughly $1 trillion of daily transactions in a market with a diverse set of borrowers and lenders. This is much larger than the transaction volumes in any other U.S. money market and dwarfs the volumes underlying LIBOR.
SOFR is a benchmark that financial institutions use to price loans for businesses and consumers. The overnight financing part of its name references how SOFR sets rates for lenders: Its based on the rates that large financial institutions pay each other for overnight loans.
Types of SOFR. There are several different types of SOFR: (1) Daily Simple SOFR, (2) Daily Compounded SOFR, (3) Term SOFR, (4) SOFR Averages, and (5) SOFR Index. The three types most often used in syndicated and bilateral credit agreements are Daily Simple SOFR, Daily Compounded SOFR, and Term SOFR.
Lenders must provide a full disclosure of all of the loans terms in the credit agreement. That can include the annual interest rate (APR), how the interest is applied to outstanding balances, any fees associated with the account, the duration of the loan, the payment terms, and any consequences for late payments.
SOFR means the Secured Overnight Financing Rate as administered by the Federal Reserve Bank of New York (or a successor administrator).
Alternative Credit targets a level of downside protection, low correlation to traditional markets, diversification, attractive levels of current income and attractive risk-adjusted return opportunities.

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