#4957 - Debt - Business Law and Practice

Debt 1) Steps of a financing transaction 1) Bank sends draft term sheet to the borrower 2) Borrower's solicitor check company articles for restrictions on borrowing / granting of security 3) Loan agreement and separate security document are negotiated 4) Directors have board meeting to enter into loan (no need for GM) 5) Bank's solicitors register security (security document only as this is the only public document) at Companies House - s.860 CA 2005 6) Borrower updates its register of charges at registered office and the security document is available for inspect at the registered office 2) What type of security is appropriate? 1) Property - Charge by way of legal mortgage 2) Machinery - Fixed charge 3) Vehicles - Fixed charge 4) Stock and petty cash - Floating charge 5) Contracts - Fixed charge 6) Shares - Fixed charge 3) Drafting of negative pledges 1) "The Borrower shall not create or permit to subsist any security of any of its assets except for pursuant to this Security Document Would not allow the borrower to create security over any other assets, future or current 2) "The Borrower shall not create or permit to subsist any security over the Property except for pursuant to this Security Document Would not allow the borrower to create further security over these assets