Many articles have been written already about the important decision of Judge Furman of the SDNY in In re Citibank August 11, 2020 Wire Transfers (a.k.a. “Revlon”). That decision raised a number of issues for the loan market, and the LSTA assisted the market in addressing those issues by drafting a new erroneous payment provision (“EPP”) for credit agreements to limit the risk of a Revlon type situation—where an agent bank mistakenly pays lenders and cannot recoup those funds—happening again. In this article, LSTA’s Bridget Marsh reviews the LSTA draft form of EPP.
File | TheLSTAFormOfErroneousPaymentProvision-Bridget-Marsh.pdf |
---|