Study On Legal Risk Analysis Of International Syndicated Loan

International syndicated loans in the rise of the Second World War has become an important financing techniques. After 60 years of development, the international syndicated loans in the international capital markets has made an irreplaceable position. As one of the negative pledge covenants in terms of the most important of which plays an important role in the international syndicated loan agreement.The first chapter briefly introduces the background and meaning of the negative pledge clause, and from the negative pledge strip to see the role and function of the angle explain their causes. In addition, I also by a brief introduction to the nature of the negative pledge clause, which reveals the validity of the contract under the principle of relativity.The second chapter by chapter describes the nature of the problem, leads to a problem that this article need to be addressed, namely, negative pledge clause to third parties. The author describes the limitations of negative pledge clause exists, the limitations of negative pledge clauses into already been resolved and not resolved. Next, the basic legal thinking reasoning explains the importance of the contract and the relative limitations of Real World of negative pledge clause for a third person to produce effect. In addition, comparative study by the author introduces the specific circumstances of each country in terms of the negative pledge clause is generated for negative pledge security interest issues.For a thorough understanding of the effectiveness of the negative pledge clause, the author comprehensively analyzes the various types of remedies in international syndicated loan lending bank can take, including breach of contract damages, accelerated maturity, triggering automatic warranties, restrictive measures against certain property, such as an application ban, designated receiver, the debtor’s bankruptcy application. The author of each remedy individually analyzed through comparative law and case study approach in trying to determine when a negative pledge clause violated, the lending bank could remedy their rights way.The fourth chapter the author first examines the Chinese syndicated loan market and its regulatory system. Then, through the analysis of the third chapter, the author summarizes the right and negative pledge under our current regulatory system whether countries can produce effects on third-party issue for many ills negative pledge clause, combined with our current regulatory practices, summed up relief provisions necessary system defects. Finally, the paper made from the reality of China under the trend of economic globalization bold proposal for a negative pledge clause supporting measures..Conclusion of the full text of a brief summary. International syndicated loan market and danger, complex legal risk, but the study found that the distinctive characteristics. Control of international syndicated loans of legal risk is a systematic project, should take into account the balance of interests of the parties.