Mastering Participation Agreements: Unlocking Advantages, Managing Risks & Navigating Negotiations

This program covers the risks and rewards of loan participations to both the lead bank and the purchasing bank. Attendees will gain a thorough understanding of Participation Agreements.

A participant’s checklist for a well-drafted Participation Agreement will be reviewed, and administration of the participated loan will be discussed. Including items such as loan purchase options, loan administration issues, waivers, and conflicts of interest. We will also cover the due diligence by the participant, access to information, and lack of involvement in negotiations.

What You’ll Learn

• Dependency upon lead
• Financial instability/insolvency of lead
• Set-off by borrower
• Failure to perfect
• Due diligence by the participant and access to information
• Disclosure of participation to borrower
• Concentrations and other regulatory aspects of participations
• Loan agreement provisions related to participations
• Duties owed by lead to participant
• Rights to loan collateral and guaranties
• Loan payments and other functions
• Consent to amendments
• Restrictions on transfer
• Reimbursement and indemnification obligations
• Subparticipations
  

Who Should Attend
CRE lenders, commercial lenders, credit analysts, loan review specialists, special assets officers, lending managers and credit officers should attend. Support personnel involved in the administration of loan participations are also encouraged to attend.

Instructor Bio
Robin Russell has practiced law for 35 years and is licensed in Texas, New York, and Massachusetts, and has extensive experience in the energy sector, having been named to Oil and Gas Investor’s 25 Influential Women in Energy in 2019. She is a fellow in the American College of Bankruptcy and of the American Law Institute. She combines a depth of experience in bankruptcy restructuring and litigation with financial transactions. She has represented corporate debtors, independent directors, liquidating trustees, bondholders, unsecured creditors’ committees, bank groups, private equity funds, landlords, trade creditors, and bidders for estate assets in Chapter 11 and Chapter 7 bankruptcy proceedings. She has also represented banks, institutional lenders, and corporate borrowers in commercial loan transactions and debt restructurings.

Russell is the principal author of Thomson Reuters’ Texas Practice Guides for both Creditors’ Rights and Financial Transactions and the Texas Bankers Association’s Texas Secured Lending Guide, Texas Problem Loan Guide, Texas Real Estate Lending Guide, and Texas Account Documentation Guide. She is a frequent speaker on banking, bankruptcy, and financial restructuring-related topics and has served as a Chapter 7 Trustee. Russell received her LL.M. in Banking Law from Boston University and her J.D. from Baylor University where she was Editor-in-Chief of the Baylor Law Review. She clerked for the Texas Supreme Court before beginning her legal career.

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