At DH Law, we represent lenders, borrowers, and guarantors, in various types of single loan or multiple facilities transactions including secured and unsecured, single-lender and syndicated loans, as well as managing risk prior to entering into transactions involving a single lender/borrower/guarantor or multiple borrowers/guarantors.
Our familiarity with lenders and their requirements enables us to guide clients smoothly through the financing process, including the selection of the right lenders and borrowers. Our ability to identify and effectively address the various issues that can occur throughout these types of transactions is why our clients have developed long-lasting relationships with us.
A secured creditor has a distinct advantage over an unsecured creditor: the collateral that a secured creditor holds can mitigate what might possibly be a serious loss.
Unsecured creditors may have options available that can increase the likelihood of full or partial debt recovery.
Working With Clients
At DH Law identifying possible risk before entering into an agreement is key. Although not all risk is foreseeable, there are certain steps parties can take prior to committing to a deal in order to mitigate risks such as:
- The identifying roles and objectives of parties
- The conducting of effective due diligence
- The preparing of a due diligence request list
- The ensuring that a Checklist of Critical Items is performed
- The requesting of timelines
- The essential terms that need to be identified
- The key issues for the parties
- The important clauses within third party documents
- The jurisdictional considerations
- The taking of effective security
Determining Clients’ needs and obtaining pertinent information before entering into a credit agreement will help avoid costly future litigation. David Hwang often assists clients with their transactional solicitor prior to and throughout the drafting of the credit agreement.