Drafting and negotiating confidentiality arrangements in loan transactions
Published by a LexisNexis Banking & Finance expert
Practice notesDrafting and negotiating confidentiality arrangements in loan transactions
Published by a LexisNexis Banking & Finance expert
Practice notes
The borrower will generally require any prospective lender or lenders to enter into a confidentiality letter.
The confidentiality letter between the borrower and the proposed lender is often dealt with by the parties’ in-house lawyers. They are usually drafted by the borrower’s in-house lawyers and sent to the lender’s in-house lawyers for review. On some occasions, confidentiality letters are prepared and reviewed by external lawyers.
Parties
The parties to the confidentiality letter will be:
- •
the prospective lender, and
- •
the prospective borrower
Drafting the confidentiality letter
Finding a suitable precedent
| Precedent | Comments |
| Confidentiality agreement—one-way—pro-recipient | This confidentiality agreement may be used where a party is providing information to the recipient in connection with a proposed transaction and is written from the recipient’s perspective. It can be adapted for use in loan transactions where:• the prospective borrower would be the party providing the information (defined as the Discloser)• |
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