It may not be the next Taylor Swift song, but a prepayment changes the Lender-Borrower relationship. In a swap, we all know there are consequences. Rather than a “breakage cost”, the swap market just calls it an early termination payment. In loans, traditionally, there was less time/energy spent to negotiate the provisions requiring the borrower to indemnify a lender for breakage costs. Today, however, it is a hot topic. Specifically, in the context of SOFR-loan prepayments where the concept of “Breakage Costs” is a nebulous/unclear concept, leaving some market ...
About MVA White Collar Defense, Investigations, and Regulatory Advice Blog
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MVA White Collar Defense, Investigations, and Regulatory Advice Blog Updates
- Takeaways from the 2023 South Asian Bar Associate Conference
- The Federal Reserve, FDIC and OCC Issue Final Guidance on Risk Management in Third-Party Relationships
- Tanisha Palvia and Alli Davidson co-author article: SCOTUS clarifies intent requirement for False Claims Act cases
- New Legal Challenge Emerges to FDIC’s Supervisory Guidance on Re-presentment and Non-Sufficient Funds Fees