As part of the firm’s ongoing thought leadership with the Missouri Independent Bankers Association publication, Jason Medley recently authored the Legal Eagle Spotlight for The Show-Me Banker.
In his article, Participations: Trust and Traps, Jason outlines key considerations for participation agreements that strengthen trust between a lead and a participant and help avoid potential traps. These include ensuring the agreement is true-sale compliant, obtaining a simple consent from the lead’s lender, verifying the lead’s due diligence, and more.
“The trick is not to get lulled to sleep because the participation agreement proposed by the counterparty looks like the hundreds you’ve seen before,” Jason concluded. “Review it carefully, and have your attorney do the same.”
At Spencer Fane, Jason harnesses 26 years of experience to help banks and other financial institutions structure transactions in a manner that enables them to be efficiently closed, allowing for key stakeholders to maximize benefits and avoid unnecessary delays or costs. His work fully encompasses all aspects of contract negotiations, workouts, intercreditor relations, and secured party collections.
Read Jason’s full Show-Me Banker article here.