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Massachusetts Participating or Participation Loan Agreement in Connection with Secured Loan Agreement

Category:
Loans and Lending - Loan Agreements
State:
Multi-State
Control #:
US-00045DR
Format:
Word; 
Rich Text
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Description

Participation loans are loans made by multiple lenders to a single borrower. Several banks, for example, might chip in to fund one extremely large loan, with one of the banks taking the role of the "lead bank." This lending institution then recruits other banks to participate and share the risks and profits. The lead bank typically originates the loan, takes responsibility for the loan servicing of the participation loan, organizes and manages the participation, and deals directly with the borrower.

Participations in the loan are sold by the lead bank to other banks. A separate contract called a loan participation agreement is structured and agreed among the banks. Loan participations can either be made with equal risk sharing for all loan participants, or on a senior/subordinated basis, where the senior lender is paid first and the subordinate loan participation paid only if there is sufficient funds left over to make the payments.

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  • Preview Participating or Participation Loan Agreement in Connection with Secured Loan Agreement
  • Preview Participating or Participation Loan Agreement in Connection with Secured Loan Agreement
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FAQ

A standard form deed of assignment under which a lender (the assignor) assigns its rights relating to a facility agreement (also known as a loan agreement) to a new lender (the assignee).

There are four main types of syndicated loan facilities: a revolving credit; a term loan; an L/C; and an acquisition or equipment line (a delayed-draw term loan). A revolving credit line allows borrowers to draw down, repay and reborrow as often as necessary.

However, the basic difference between participation and assignment is that the former involves the original lender continuing to manage the loan while the latter takes on the responsibility of doing so. As a rule, loan participation is a good option if the original lender does not want to keep the title of the loan.

Participation loans are loans made by multiple lenders to a single borrower. Several banks, for example, might chip in to fund one extremely large loan, with one of the banks taking the role of the "lead bank". This lending institution then recruits other banks to participate and share the risks and profits.

Generally, participation agreements involve one or more participants who purchase an interest in the underlying loan, but a single lender, the lead lender, retains control over the loan and manages the relationship with the borrower.

With participations, the contractual relationship runs from the borrower to the lead bank and from the lead bank to the participants, whereas with syndications, the financing is provided by each member of the syndicate to the borrower pursuant to a common negotiated agreement with each member of syndicate having a ...

However, the basic difference between participation and assignment is that the former involves the original lender continuing to manage the loan while the latter takes on the responsibility of doing so. As a rule, loan participation is a good option if the original lender does not want to keep the title of the loan.

3 1 Not all loan participation agreements qualify as securities under the judicially devised tests for notes and investment contracts, but under certain circum- stances, loan participation agreements are securities.

A loan participation is a sharing or selling of interests in a loan. Depository institutions use loan participations as an integral part of their lending operations. Banks may sell participations to enhance their liquidity, interest rate risk management, and capital and earnings.

With participations, the contractual relationship runs from the borrower to the lead bank and from the lead bank to the participants, whereas with syndications, the financing is provided by each member of the syndicate to the borrower pursuant to a common negotiated agreement with each member of syndicate having a ...

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