Legal Counterparties and Credit Base

TOOL B1

This tool is to help you identify and prioritize key players which must be analyzed in the course of a credit assessment process.

Credit Base

Any party against whom the bank/investor has direct or indirect legal recourse either on first demand or conditionally

Borrower/Issuer/Swap Counterparty

The party whom the bank lends money to or makes available a facility or provides a derivatives product, who issues a bond, or on whose behalf the bank/investor makes a commitment.

Guarantor

A party who has agreed to be liable for the debts of the borrower/issuer upon default or other conditions specified in the guarantee agreement

Hedge/CDS Counterparty

The seller or provider of a Credit Default Swap who is contractually committed to make a payment in an event of default of the borrower/issuer.

Other Contractual Parties 

Other parties obliged to make a financial payment either to the borrower/issuer or directly to the bank/investor, which has the effect to reduce the bank/investor’s overall credit risk. For example: 

• Security assignments & escrowing of off-take agreements 

• Security assignment & escrowing of insurance proceeds 

• Security assignment of accounts receivables from key clients 

• Security assignments of performance obligations.

Any other party with whom the bank/investor does not have a direct legal relationship but whose financial health has a direct or indirect impact on the ability of the legal counterparties to complete its debt service obligation throughout the life of the credit exposure

Parent Company/ Shareholders

Ability & willingness of the parent and/or other shareholders (including minority interests) to support the legal counterparties, and/or the extent to which the parent and/or shareholders may be detrimental to the credit profile of the legal counterparties.

The Consolidated Group

• Assess the extent to which other entities or business divisions within the broader group could potentially be credit positive or negative for the legal counterparties. 

• Identify business areas within the group that demonstrate either a strong or a particularly weak performance 

• Assess whether there are any associates or JVs that are not consolidated and which may have a potential impact on the legal counterparties.

Major Supppliers, Buyers, Off-takers

Assess the extent to which there is any concentration and/or dependence.

Other parties 

• Government(s): assess whether Sovereign actions may add to or mitigate credit risk. 

• Other: e.g. target company in an acquisition; key tenants, etc.

Leave a Reply

Your email address will not be published. Required fields are marked *