Yasmin Hook

This Practice Note considers the key documentation issues in a loan financing transaction which deal with hedging. It covers the key provisions in the facility agreement, hedging strategy letters, intercreditor agreements and security documentation. It also considers fixed rate facilities and provides useful links to applicable regulatory requirements.

This Practice Note examines the documentary requirements for effecting a hedging arrangement within the context of a financing.

This Practice Note explains why hedging is commonly used in real estate finance transactions and the role of the hedging counterparty. It also explains the key documentation issues surrounding the hedging and how hedging is treated in real estate finance intercreditor arrangements.

This checklist sets out the key ISDA documentary requirements which need to be considered during the course of a financing transaction.