Borrower Beware

30 November 2009 Publication

AFP Exchange

Foley Senior Counsel Robert Heinrich authored an article titled "Borrower Beware" in the November 2009 issue of AFP Exchange. Heinrich discusses innovative remedies that borrowers have taken against defaulting lenders and administrative agents in the midst of the credit crisis, noting that both borrowers and lenders are attempting to proactively address the scenario of a defaulting administrative agent by building the concept into their loan documents. He adds that simple precautionary measures can provide a borrower with additional comfort that access to funds under its credit facility will not be unduly disrupted by the troubles of its lenders.

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