Definition of Legal Counterparty and Credit Base

TOOL 4.1


Legal counterparty• The party to whom we have the legal right to ask repayment from
Examples• Borrower i.e. The party to whom we lend the money, provide the facility or on whose behalf we make a commitment
• Guarantor
• Parties to a contract assigned to the bank e.g.
‒ Offtakes
‒ Insurers
‒ Guarantors / credit default swap counterparties
Credit base(s)• All of the parties that need to stay in good financial health during the life of the facility so that it is repaid/matures/expires in accordance with the agreed amortisation schedule
Examples• The whole group. (Remember to consider Associates/Affiliates where they represent a large investment or have close business ties with the rest of the group)
• Shareholders. How much control do they have? What is their ability/desire to inject cash or to extract cash through dividends, fees etc.?
• Major suppliers, buyers, off takers (contracted buyers in a project finance) where there is concentration/dependence.

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