The Finance Parties
Clause 26 is the only clause in the agreement where the Arranger appears. At the time the loan agreement is signed, the Arranger’s task is completed and the main purpose of referring to the Arranger in this clause is to give them the benefit of the exclusion clause. However, given that the exclusion clause is effectively retrospective insofar as the Arranger is concerned1 this clause is no substitute for including an exclusion clause in appropriate pre-loan agreement documentation.
KeywordsValid Claim Legal Opinion Implied Term Loan Agreement Agent Bank
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