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Steve Mills

Variation Order Glossary
January 18, 2022

Variation Order

A variation (sometimes referred to as a variation instruction, variation order (VO) or change order), is an alteration to the scope of works in a construction contract in the form of an addition, substitution or omission from the original scope of works. Lenders (and sponsors) are acutely aware that any…
US Borrowing Base Glossary
January 17, 2022

US Borrowing Base

A form of Reserve Based Lending which is used in North America. US Borrowing Base structures typically require 100% approval by all lenders for any increases in debt capacity (as opposed to 2/3 in European Borrowing Base Structures). US-style facilities generally also give only very limited debt value to probable…
Underwriting Glossary
January 14, 2022

Underwriting

In syndicated loan transactions the Mandated Lead Arrangers may agree, for an underwriting fee, to provide the full amount of the loan facility if it proves impossible for them to syndicate the transaction to other lenders. The name derives from the Lloyd's of London insurance market. Financial bankers, who would…
Tolling Glossary
January 8, 2022

Tolling

Refers generally to a contractual arrangement whereby an Offtaker (the “toller”) agrees to make payments to an SPV in return for the provision of services – e.g. refining of crude, power generation, regasification of LNG. The payments tend to be availability / capacity based and therefore such structures frequently transfer…
Term Sheet Glossary
December 31, 2021

Term Sheet

May be seen as a memorandum of understanding, setting out the terms and conditions of a financing which will in due course be incorporated into a full loan agreement. Term sheets may be “uncommitted” or “committed”. The former will normally be subject to: lender credit committee approval; formal loan documentation…
Term Loan Glossary
December 30, 2021

Term Loan

A financing facility, typically with a maturity greater than 3 years, with an agreed availability period (when the funds may be drawn) and a predetermined repayment schedule / arrangement. Amounts drawn under term loans may not be redrawn following repayment. Term loans are not typically repayable on demand. An Event…
Take or Pay Glossary
December 29, 2021

Take or Pay

Take or pay is a contractual provision, whereby one party has the obligation of either (i) taking delivery of the product, goods or service or (ii) paying a specified amount.  Take or pay contracts ensure a predictable level of revenues, since they are not dependent on demand and therefore will…