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Fees › Loan Agreements

DLA Piper

Understanding the Impact of MOICs on MFN Provisions in Private Credit Transactions

DLA Piper on

The Most Favored Nation (MFN) provision in a loan agreement is a lender protection mechanism that is typically seen in credit facilities permitting an uncommitted incremental facility. The MFN provision, a term originating...more

Proskauer Rose LLP

Private Credit Deep Dives – Portability (Europe)

Proskauer Rose LLP on

One of the foundational provisions negotiated in almost every European leveraged loan agreement is the “Change of Control” definition and associated clauses. This provision is crucial because it directly impacts the risk...more

Patton Sullivan Brodehl LLP

Default Interest Based on Single Late Payment Declared Unenforceable

Patton Sullivan Brodehl LLP on

It is not uncommon for loan agreements to provide for fees, penalties, and default interest in the event of the borrower’s late payment. However, a case recently published by California’s First Appellate District — Honchariw...more

BCLP

CFPB guidance on pay-to-pay fees impacts consumer loan agreements

BCLP on

Consumer debt collectors may not be permitted to charge consumers “convenience fees” for card payments, which the Consumer Financial Protection Board (the “CFPB”) calls “pay-to-pay” fees, unless the underlying loan agreement...more

Miller Canfield

Commitment Fees Might Constitute Interest Under Michigan Law

Miller Canfield on

Lenders often include fees in loan transactions in addition to an interest rate. Typically such fees are not considered interest, as they compensate the lender for various services or commitments provided under the loan...more

A&O Shearman

Early repayment fees, extension fees and double interest provisions in loan agreement not penalties

A&O Shearman on

Early repayment fees, extension fees and double interest provisions in agreements relating to a loan did not fall foul of the English law rule against penalties. The case shows how the principles set out by the Supreme...more

A&O Shearman

New Case Law on Upfront Fees in German Loan Agreements

A&O Shearman on

On 4 July 2017, the German Federal Court of Justice (BGH)—in two separate cases—held that pre-formulated agreements on work fees that are payable independent from the term of the underlying loan and agreed between a financial...more

Stinson - Corporate & Securities Law Blog

SEC Busts Apollo for Disclosure and Supervisory Failures

Stinson - Corporate & Securities Law Blog on

The SEC charged four private equity fund advisers affiliated with Apollo Global Management for misleading fund investors about fees and a loan agreement and failing to supervise a senior partner who charged personal expenses...more

Adler Pollock & Sheehan P.C.

Rhode Island Usury: Interest By Any Other Name Is Still Interest

Adler Pollock & Sheehan P.C. on

In LaBonte v. New England Development R.I., LLC et al., No 12-328, the Rhode Island Supreme Court recently clarified the state’s usury law by holding that a fee could be included in the calculation of interest even though it...more

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