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For more information, contact david. Borrowers continue to have the upper hand and are able to drive extremely competitive terms on deals across all segments of the market. Indeed, the prominence of covenant-lite terms within financing documentation is reflective of this dynamic, as banks, desperate to secure the lead role in leveraged financing deals undertaken by private equity sponsors who themselves are sitting on a wall of money that they are eager to deploy to satisfy investor appetite are willing to implement ever-more favourable terms to borrowers.
The propensity of covenant-lite terms in leveraged loan documentation also reflects the continued trend of convergence between the US and European markets, with both regions seemingly trying to outdo each other.
Particularly at the upper-end of the market, flexibility is key, and firms that are able to provide expertise across the spectrum of products, from US and European Term loan and high-yield bonds, through to Yankee loans and hybrid European leveraged loans with New York style covenant packages, tend to pick up the majority of the work.
This trend of cross-pollination naturally tends to play to the strengths of US firms based in London, who are well-placed to handle deals implementing both New York law and UK law governed documentation.
While US firms are certainly well-suited to current trends in the financing market, it has by no means diminished the role of the Magic Circle firms on transactions. Against the backdrop of a low interest rate environment and continued regulatory burdens for investment and commercial banks, the rise of credit funds continues unabated.
Although these direct lenders remain most active in the mid-market, some of the larger more established players with huge investor appetite are able and willing to write larger cheques on deals, either on their own or alongside other funds and are increasingly providing serious competition to banks within the the upper-mid market space.
|2018 – 2019 Events||The Organ Compositions of Olivier Messiaen. British Library Document Supply Centre no.|
Unsurprisingly, given the ever growing number of funds in the market and their importance in providing liquidity particularly to less creditworthy borrowers the number of law firms attempting to pick up this work has increased exponentially over recent years.Bryony Parsons; Dr Bryony Parsons BSc(hons), PhD Learning Developer Library.
Work email [email protected]; Biography; Research; Publications; Teaching and learning; My PhD thesis investigated the risk of Campylobacter in dogs, in the context of the risk of infection to humans.
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