Mastering Participation Agreements: Unlocking Advantages, Managing Risks & Navigating Negotiations

Discover the ultimate advantage for both the lead bank and participant bank and learn how to mitigate risks to protect your interests. Get the inside scoop on how to avoid the dangers of lack of information and involvement in negotiations. This is your chance to stay ahead of the competition and become an expert in Participation Agreements. Don't wait, enroll now and take your understanding to the next level!

Recorded Thursday,
April 13th, 2023
Presented by Robin Russell
2h total length
$279.00 or 1 Token

Includes: 30 Days OnDemand Playback, Presenter Materials and Handouts

  • Lending
  • Risk Management/Legal
  • Bank Legal Counsel
  • Branch Manager
  • Commercial Lender
  • Compliance Officer
  • Controller/Accountant
  • Credit Analyst
  • Internal Auditor
  • Loan Closer
  • Loan Operations Manager/Specialist
  • Marketing Officer/Business Development
  • Risk Manager
  • Senior Management

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This program covers the risks and rewards of loan participations to both the lead bank and the purchasing bank. Attendees will gain a thorough understanding of Participation Agreements.

A participant’s checklist for a well-drafted Participation Agreement will be reviewed, and administration of the participated loan will be discussed. Including items such as loan purchase options, loan administration issues, waivers, and conflicts of interest. We will also cover the due diligence by the participant, access to information, and lack of involvement in negotiations.

What You'll Learn

  • Dependency upon lead
  • Financial instability/insolvency of lead
  • Set-off by borrower
  • Failure to perfect
  • Due diligence by the participant and access to information
  • Disclosure of participation to borrower
  • Concentrations and other regulatory aspects of participations
  • Loan agreement provisions related to participations
  • Duties owed by lead to participant
  • Rights to loan collateral and guaranties
  • Loan payments and other functions
  • Consent to amendments
  • Restrictions on transfer
  • Reimbursement and indemnification obligations
  • Subparticipations 

Who Should Attend

CRE lenders, commercial lenders, credit analysts, loan review specialists, special assets officers, lending managers and credit officers should attend. Support personnel involved in the administration of loan participations are also encouraged to attend.

Robin Russell

Instructor Bio

Robin Russell has practiced law for 35 years and is licensed in Texas, New York, and Massachusetts, and has extensive experience in the energy sector, having been named to Oil and Gas Investor's 25 Influential Women in Energy in 2019. She is a fellow in the American College of Bankruptcy and of the American Law Institute. She combines a depth of experience in bankruptcy restructuring and litigation with financial transactions. She has represented corporate debtors, independent directors, liquidating trustees, bondholders, unsecured creditors' committees, bank groups, private equity funds, landlords, trade creditors, and bidders for estate assets in Chapter 11 and Chapter 7 bankruptcy proceedings. She has also represented banks, institutional lenders, and corporate borrowers in commercial loan transactions and debt restructurings.

Robin is the principal author of Thomson Reuters' Texas Practice Guides for both Creditors' Rights and Financial Transactions and the Texas Bankers Association's Texas Secured Lending Guide, Texas Problem Loan Guide, Texas Real Estate Lending Guide, and Texas Account Documentation Guide. She is a frequent speaker on banking, bankruptcy, and financial restructuring-related topics and has served as a Chapter 7 Trustee. Robin received her LL.M. in Banking Law from Boston University and her J.D. from Baylor University where she was Editor-in-Chief of the Baylor Law Review. She clerked for the Texas Supreme Court before beginning her legal career.