Reacting to what they view as the deterioration in prudent underwriting and lending practices characterizing the rebound in new leveraged financing following the 2006 – 2008 financial crisis, including a growing absence of lender protection provisions such as maintenance covenants in the governing documents, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Commission (collectively, the "Agencies") issued on March 26, 2012 proposed guidance (the "Proposed Guidelines") to be applicable to substantially all financial firms supervised and/or regulated by any of the Agencies establishing stringent requirements (including in respect of establishing meaningful management information systems) governing leveraged financings. This Client Alert will focus on certain issues and questions raised and not answered by the Proposed Guidelines that need clarification.
Click here to read the joint press release from the Agencies and attached Proposed Guidance on Leveraged Lending.
Click here to download PDF.
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