Corporate lending and borrowing continues to become increasingly complex. Let The Corporate Counsel Guide to Banking & Credit Relationships, Second Edition clarify the relationships between banks and other financial service providers and their customers. This newly updated edition also provides you with precedents on CD-ROM that you can tailor for your corporate and commercial lending and borrowing matters. Know how to balance the risks and responsibilities when supervising banking and credit relationships.

The Corporate Counsel Guide to Banking & Credit Relationships, Second Edition explains your role in supervising banking and credit relationships. You'll arrive at a clear understanding of the areas in which you can provide due diligence and input into documentation for services provided. Inside this book you'll find an overview of all the most common banking and finance relationships that corporate counsel needs to understand — from secured and unsecured lending to bankruptcy and insolvency, from leasing to alternative methods of financing.

This work also provides a detailed and practical examination of the obligations, rights, and common requirements of both lenders and borrowers in a credit relationship. You will be equipped to understand:

• What banking service is being provided and the documentary needs for those services
• The obligations, rights, and common requirements of lenders and borrowers in a credit relationship
• Responsibilities between borrower's and lender's counsel, and know what is reasonable to expect in the relationship (a checklist is provided)
• The differences when dealing with a financial institution that is not a bank under the Bank Act, such as a credit union or insurance company, and know to review the contracts in order to advise as to duties, responsibilities, and risk of loss
• How to draft contract documents with the appropriate protections against risk in place

Sample precedent documents required for banking and credit arrangements are contained on the accompanying CD-ROM. These precedents serve as guidelines to what should be expected as a fair and reasonable balancing of the risks, responsibilities, duties, and liabilities of the parties to a credit relationship.

New in this edition

Fully revised chapters:

• Banking
• Electronic banking, including developments in online and electronic banking
• Loan transactions
• Guarantees
• Non-traditional financing sources
• Insolvent companies, including a discussion of
  • Companies' Creditors Arrangements Act
  • Privately appointed receivers
  • Financing for insolvent companies
  • Debtor in possession financing
• Public markets for debt in Canada
• Derivatives, securitization, and syndication

New and revised precedents:

• Loan commitment documents
  • Commitment letter
  • Term sheet secured revolving loan
  • Fee letter
• Secured loan checklist and closing agenda
• Due diligence checklist
• Customer identification form
• Know Your Client considerations
• Loan agreement
• Short and long form General Security Agreements
• Guarantee