Our familiarity with lenders and their requirements enables us to guide clients smoothly through the financing process, including the selection of the right lenders and borrowers. Our ability to identify and effectively address the various issues that can occur throughout these types of transactions is why our clients have developed long-lasting relationships with us.
A secured creditor has a distinct advantage over an unsecured creditor: the collateral that a secured creditor holds can mitigate what might possibly be a serious loss.
Unsecured creditors may have options available that can increase the likelihood of full or partial debt recovery.
Working with the Clients
At DH Legal identifying possible risk before entering into an agreement is key. Although not all risk is foreseeable, there are certain steps parties can take prior to committing to a deal in order to mitigate risks such as:
- Identifying roles and objectives of parties
- Conducting Effective Due Diligence – Preparing a Due Diligence Request List
- Ensuring that a Checklist of Critical Items were performed
- Requesting Timelines
- Essential terms that need to be identified,
- Key issues for the parties
- Important Clauses in Third Party Documents
- Jurisdictional considerations
- Taking Effective Security
Determining Clients’ needs and obtaining pertinent information before entering into a credit agreement will help avoid costly future litigation. David Hwang often assists clients with their transactional solicitor prior to and throughout the drafting of the credit agreement.
Please contact us directly by email at David@dhlegal.ca or call 416-661-8822 for your queries.