About the Course
Introduction
This CLE webinar will provide finance counsel with an overview of confidentiality and nondisclosure agreements and their uses in loan transactions. The panel will discuss the growing use and complexity of confidentiality and nondisclosure agreements and considerations for borrowers and their prospective lenders, provide drafting tips and sample language, and review recent trends and developments.
Description
Confidentiality and nondisclosure agreements are used in many business relationships, including financing transactions. In financing transactions, the parties will typically enter into a confidentiality or nondisclosure agreement at the outset of an engagement to ensure that information exchanged during negotiations will be kept confidential and only used by the prospective lender for purposes of deciding whether or not to extend credit or financing to the potential borrower.
Borrowers want to protect their financial plans, projections, and other sensitive business information, including fund and investor information, when negotiating the terms of a credit facility. In today's market, borrowers are demanding more detailed and restrictive confidentiality and nondisclosure terms which is placing increased operational demands and burdens on lenders.
Lenders seek flexibility with confidentiality agreements to maximize their ability to use confidential information to ensure they have enough information to make an informed decision to extend credit while also being able to meet their compliance and reporting obligations with state and federal regulatory authorities.
Listen as our authoritative panel examines the latest trends and developments with confidentiality and nondisclosure agreements in financing transactions. The panel will highlight the need to go beyond common boilerplate provisions to craft terms that balance the needs and interests of both borrowers and lenders.
Presented By
Ms. Kopec is a partner in the Finance Practice Group in Haynes Boone’s Charlotte office. Her practice focuses on representing lenders and borrowers in a variety of finance transactions, including leveraged finance, capital call facilities, NAV facilities and other fund finance products. Ms. Kopec's extensive experience in the financial markets in New York and Charlotte provides clients with uniquely sophisticated advice on their specific lending needs and products. She is often retained to provide in-depth representation with respect to lending policies and best practices in addition to transactional work and clients value her commitment to the growth of their business. Ms. Kopec's comprehensive knowledge of the fund finance industry and the legal and business issues relating to fund finance products make her an invaluable advisor in the field.
Mr. Monier represents financial institutions and borrowers in commercial loan transactions. He has represented agents, lenders and borrowers in syndicated credit transactions involving revolving credit facilities, term loans, letters of credit, and acquisition financings. Mr. Monier has helped lenders enter into loan facilities, represented agents in amending and restating existing credit agreements, and aided borrowers in financing for acquisitions of over 75 companies. He has experience in secured and unsecured credit facilities to real estate investment funds and to the hospitality industry.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, February 11, 2026
- schedule
1:00 PM E.T.
I. Confidentiality and nondisclosure agreements: current trends and developments
II. Protections typically sought by borrowers
III. Lender considerations and challenges
IV. Drafting tips and sample language
V. Recent SEC whistleblower actions and their potential implications for confidentiality terms in credit agreements
VI. Impact of confidentiality provisions on warehouse and other lenders
VII. Other concerns and considerations for borrowers and lenders
VIII. Practitioner pointers and key takeaways
The panel will review these and other key considerations:
- What are common confidentiality and nondisclosure terms in credit facilities or loan documents?
- What types of confidentiality terms and restrictions are borrowers demanding in today's market?
- What operational considerations and challenges must lenders weigh when entering into confidentiality and nondisclosure agreements with a borrower?
- What are drafting considerations and examples of confidentiality provisions that balance the interests of borrowers and lenders and provide flexibility to both parties when entering into a credit transaction?
