Before the Session
During the Session
- Why are NDAs particularly important in the lending context?
- What major economic terms of a deal are almost always decided at the term sheet stage?
- Which terms are typically not negotiated in any detail until the main documentation stage?
- What’re the main differences between soft commitments and hard commitments?
- What kinds of deals more commonly use hard commitments? Why?
- Why do the parties sometimes include a SunGard provision in the commitment letter?
- What’s the main reason that lenders use a fee letter?
- What are some of the common fees charged in a commercial lending deal?
Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.
- Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
- General practice tips (dos and don’ts)
- Firm-specific guidance and practices
After the Session
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