Swaps in Commercial Finance Transactions: Coordinating Loan Terms With the ISDA Master Agreement and Schedule
Documenting Commercial Loans and Interest Rate Swaps to Account for Loan Collateral, Cross-Defaults, and other Lender/Borrower Issues

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Banking and Finance
- event Date
Thursday, November 9, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide finance counsel on how interest rate swaps and other derivative products are used to hedge risk in loan transactions, how derivatives terms are appropriately integrated into loan documentation, and how to document the swap transaction to ensure consistency with the loan.
Faculty

Ms. Isaac advises a broad range of derivatives market participants - exchanges, financial institutions, asset managers, and commercial end-users, among others - on legal and regulatory matters under the Commodity Exchange Act, the Dodd-Frank Act, and related CFTC and NFA rules and regulations. Likewise, she counsels DAOs, crypto exchanges, tradfi investors, and other digital asset market participants on jurisdictional issues and best practices in an evolving regulatory landscape. Ms. Isaac has significant experience negotiating bespoke derivatives transactions in a variety of asset classes (interest rates, FX, digital assets, and commodities), including ISDA Master Agreements and related documentation. She regularly advises clients on effectively transitioning away from LIBOR.

Mr. Buonanno heads the firm's derivatives group and is a member of its opinion committee and its Uniform Commercial Code committee. Throughout a bank and law firm career spanning more than three decades, he has guided financial institutions, utilities, and other companies in a wide range of industries, helping them manage change, adapt to market developments, and achieve strategic objectives. Mr. Buonanno’s work has involved trillions of dollars in financial assets and has included strategic planning, corporate governance, enterprise structuring, mergers, acquisitions, divestitures, securities, capital markets, finance, securitization, insurance, risk management, commodities, derivatives, commercial transactions, housing, real estate, regulatory affairs, litigation and insolvency. As a result of that work, he has helped clients to serve their customers and grow their businesses while maximizing profitability, mitigating losses, allocating capital and managing other resources.
Description
The vast majority of over-the-counter derivatives transactions are governed by standard documents published by the International Swaps and Derivatives Association (ISDA). The documentation includes the ISDA Master Agreement, a Schedule thereto, in some cases a Credit Support Annex, and a trade confirmation, which together establish the relationship between a borrower and swap provider and the legal and economic terms of the swap (or other hedging transaction).
Counsel plays a critical role in integrating the appropriate swap-related provisions into loan terms, including cross-default, cross-collateralization, prepayment, assignment, implementation of floating rate fallback terms, and recourse obligations.
Listen as our authoritative panel of finance practitioners guides you through the use of swaps to hedge risk in loan transactions and best practices for coordinating the swap and loan documents.
Outline
- Use of derivatives to hedge risk in loan transactions
- Integration of derivatives into loan documentation and coordination with derivative documentation
Benefits
The panel will review these and other key issues:
- How derivatives products are used to hedge risk in commercial finance and other loan transactions
- Certain Dodd-Frank Act regulatory considerations
- Best practices for integrating derivatives terms into loan documentation
- Best practices for ensuring that the derivatives documentation is consistent with the financing terms
- Life after LIBOR: alternative reference rates and recommended floating rate replacement terms
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