The Mechanics of Loan Documentation (Online)

IFF Training

How long?

  • 16 weeks
  • online

What are the topics?

IFF Training


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About the course

Course Structure

The course takes place over 16 weeks and comprises eight core units. The units will be released every two weeks from the start of the course. Download the units or study completely online.

Assessment and Post Graduate Certification

At the end of each unit there is an assessment that will allow you to benchmark your growth in knowledge and understanding. For those wishing to receive a Post Graduate Certificate from Middlesex University, an additional marked assignment of 5000 words will also need to be submitted. The assignment will be based on an on-going case study that runs throughout the duration of the course.

Video Content

Each unit is now complimented by a 10-20 minute video from the course director, Richard Capps, taking you through the components of the course with particular emphasis on complex areas.

Syllabus modules

Unit 1 - The choice of law, enforcement, contractual interpretation, secondary lending

  • Determining which law is applicable to which types of transaction
  • Understanding the different types of law that can be applicable to financial transactions
  • Resolving how to enforce contractual rights where multiple jurisdictions are involved
  • Identifying how contracts are interpreted in English Law
  • Summarising the need for lenders to sell down financial assets
  • Debating the documentation implications of lender sell-down

Unit 2 - Pre-requisites for the enforcement of contractual rights

  • Clarifying the importance of corporate and directors powers and authorities
  • Identifying when the company law of the borrower's / guarantor's jurisdiction is relevant
  • Focusing on the precautionary requirements prior to executing documentation
  • Understanding the errors and their implications in contracting
  • Appreciating the benefits of conducting annual security and documentation audits

Unit 3 - The key clauses in a loan agreement

  • Familiarising with the layout of the contents of typical loan agreements
  • Identifying the shortcomings of some key clauses within a documentation of the loan
  • Debating the potential amendments in approach to overcome the shortcomings
  • Understanding the legal duties of an Agent Bank in a syndicated loan
  • Clarifying the restricted ability of the Agent to disclaim liability for negligence

Unit 4 - The syndicated multi currency loan agreement

  • Detailing the principal clauses in the Syndicated loan agreement
  • Understanding both the borrowers’ and the bankers’ perspectives
  • Identifying areas of controversy to be resolved in commercial negotiations

Unit 5 - Guarantees and letters of comfort

  • Understanding the extensive common law rights of a guarantor
  • Identifying the technical wording, changes to which can affect the legal effect of the guarantee
  • Appreciating how a guarantee removes each of those common law rights
  • Addressing the debate of whether letters of comfort are legally enforceable
  • Resolving how to analyse the effect of a comfort letter forensically

Unit 6 - Security under English law

  • Understanding how the different types of taking security are related to each other
  • Identifying the required characteristics of each security type
  • Familiarising with the layout and effect of clauses in a typical mortgage document
  • Appreciating the challenges in valuing security

Unit 7 – Insolvency and contractual rights

  • Appreciating the range of options that financiers have when confronted with non-performing loans
  • Identifying the potential liabilities of directors for wrongful trading
  • Familiarising with the process of a voluntary loan workout
  • Overview of the different form of insolvency regime
  • Clarifying the documentation issues that arise in implementing a loan workout

Unit 8 – When the borrower is a special purpose vehicle

  • Identifying the reasons that the structuring of transactions & contracts needs to change when the borrower of funds is a SPV
  • Determining the devices to protect a SPV from the consequences of the contractual failure of operational counterparties
  • Understanding the structures adopted by financiers to manage & control project cash flows
  • Appreciating the position of financiers when projects fail
  • Understanding the typical structure of leveraged buyout transactions
  • Identifying the inter-creditor issues that arise with multiple financing tranches, & how they are resolved in the documentation


Richard Capps

Richard obtained a law degree from Cambridge University and was called to the English Bar in 1976. Shortly thereafter he entered banking joining Chase Manhattan Bank where, for most of the 5 years service, he was a corporate relationship manager in London and New York. For the following 6 years ...

Videos and materials

The Mechanics of Loan Documentation (Online) at IFF Training

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Coursalytics is an independent platform to find, compare, and book executive courses. Coursalytics is not endorsed by, sponsored by, or otherwise affiliated with any business school or university.

Full disclaimer.

Read more about Digital Transformation

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