Loan agreements, security & personal guarantees
Legal review of commercial borrowing, security documents and personal or corporate guarantees, with attention to liability, default, release and transaction completion.
Discuss this matter
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Understand the exposure before signing
A guarantee can create obligations beyond the borrower’s ordinary repayment promise. Its wording may address liability limits, continuing obligations, amendments, demands and release. These provisions should be reviewed alongside the facility and security documents.
Security over assets involves questions of ownership, authority, registration and competing rights. A contractual promise and an effective security interest are not the same thing. Cross-border assets or guarantors may require advice in more than one jurisdiction.
How the firm can assist
The firm can review the legal allocation of risk for borrowers, guarantors or commercial counterparties and negotiate the relevant documents. Lending decisions, financial suitability and regulated financing services remain with the appropriate providers.
- Examine covenants, default events, indemnities and liability caps.
- Check corporate approvals and requirements for creating or releasing security.
- Align repayment, refinancing and release provisions with the transaction.
- Facility, guarantee and security drafts or signed documents.
- Ownership and authority records for the proposed parties and assets.
- Any demand, amendment, repayment or refinancing proposal.
An initial outline is enough. Detailed records can follow through a process agreed with the firm.
Questions clients often ask
Does leaving the company automatically release my guarantee?
That should not be assumed. The guarantee, lender’s consent and any documented release need review before an exit is completed.
Does the firm arrange or approve finance?
This page concerns legal documentation and advice. The availability and commercial suitability of financing are assessed with the relevant financial professionals.
Define the mandate
Clarify your objectives, the jurisdictions involved and any immediate deadline.
Review the legal position
Examine the relevant documents and identify the decisions requiring advice.
Agree the next steps
Set out the work, professional responsibilities and practical sequence.
Experience with a personal point of contact
Hyam El Hachem is an Attorney at Law with the Beirut Bar Association. Following her training at Awada Tyan Law Firm, she established her own firm in 1996 and expanded her practice to the UAE in 2005.
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