A default can occur in different ways in a loan agreement. It can occur in cases where the borrower does not pay the agreed value and in cases where the borrower violates the positive or negative agreements of the agreement. A positive federal state requires the borrower to perform certain transactions, while a negative federal state requires the borrower to avoid certain transactions. A “cross-by-default” clause, related to the payment of the contractual value, is called “cross-payment default” and a “cross default related to the performance of other contractual obligations” is called “Covenant Cross-Default.” The usual duration of short-term syndicated loans is three to five years; seven to ten for medium-term loans, while long-term financing is generally extended from 10 to 20 years. Once the beneficiary and arranger have negotiated and agreed on the duration of the loan, it is generally the responsibility of the arranger to prepare the creation of the union or grouping; this saves time and energy in financing. Unions can use a variety of currencies in their loans, depending on the needs of customers. The advantage of syndicated loans is that several currencies can be used in the group if the borrower requires it. Interest rate: The lender`s profit is calculated on the basis of interest and fees. The interest rate is set according to the different borrowers, in accordance with the credit interest rate policy, the rules and provisions of the loan agreement. A credit risk swap (CDS) is a transaction in which one party, the “buyer of the protection,” the other party, the “protection seller,” makes a number of payments over the term of the contract. In essence, the purchaser takes out insurance on the possibility for a debtor to experience a default event that would jeopardize his ability to meet his payment obligations. Before a union agreement is reached, the parties, the lenders and the borrower, agree on a contract that determines the structure, rules and duration of the syndicated loan; this contract is the insurance contract and is akin to a subscription contract.

Even before the Grupo Hotelero, this clause had been a common bargaining point. In September 2012, the LMA withdrew the “negotiations with a financial party” (i.e. a financial part under the agreement in question) from the clause in its borrowing facility agreement. This reflected a common concession sought by borrowers. Note, however, that the IRDA provides that the restriction does not require the lender to make further cash or credit advances (i.e. the loan may be suspended).9 The Grupo Hotelero1 case stipulated a facility agreement with a Spanish hotel company as a borrower. One of the defaults was that the borrower “begins negotiations with a creditor on the rescheduling of one of its debts due to actual or expected financial difficulties.” The company had several other institutions and was in negotiations with some of its other lenders to renew and modify their investments. The parties disagreed on whether these negotiations had triggered a default. A default is a pre-defined circumstance that allows a lender to demand full repayment of an outstanding balance before it becomes due. In many agreements, the lender will include a contractual provision covering delay events in order to protect itself if it turns out that the borrower will not be able or does not intend to repay the loan in the future. A default allows the lender to seize and sell the mortgaged security to repay the loan. This is commonly used when the risk of failure exceeds a certain point.

The restriction is not exhaustive.