Syndicated Lending: Center on the Legal Relationship between Lead Bank and Participation Banks
Date Issued
2012
Date
2012
Author(s)
Hsu, Chun-Chieh
Abstract
Syndicated Loan is one of the major financing solutions for enterprises in the international financial market. This thesis is intended to find the structural position of Syndicated Loan in the international financial environment first via background of the Syndicated Loan. Under such finding premise the structural position of Syndicated Loan in the international financial infrastructure, together with members and combination of a Syndicated Loan, will be substantially discussed. Then as a conclusion advantages and disadvantages between Syndicated Loan and other financing solutions will be compared. In Chapter 3 we will focus on the Syndicated Loan itself to discuss its birth, the role of each bank members in a Syndicated Loan in a chronicle way, process to conclude a Syndicated Loan, timesheet (program) of the financing, major documents of a Syndicated Loan and the revenue calculation for participants of a Syndicated Loan. In Chapter 4 certain contractual documents will be presented and enclosed. According to the contents of a Syndicated Loan certain analysis will be done subject to the substantial requirements of each articles thereof. In Chapter 5 legal risks of a Syndicated Loan will be discussed. 4 Anglo-American real cases regarding Syndicated Loan will be analyzed to clarify legal relationships between the participants, ground of claims and attitude of the Courts toward the Syndicated Loans. However, based on the Courts’ point of view, major opinion is intended to respect market self-discipline as a fundamental principle for these cases.
Subjects
syndicated loan
lead bank
agent bank
participation bank
fiduciary duty
Type
thesis
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