La banque et le créancier prêteur face à l’insolvabilité de l’emprunteur : moyens préventifs et curatifs
In a contractual relationship, a bank, or more generally a lender, on the one hand, and a borrower on the other, harmoniously blend, as long as the borrower complies with the repayments’ obligations arising from the loan agreement. However, in such an agreement, risk lies primarily on the lender. Indeed, as soon as the money has been made available, the lender takes the default’s risk. This article will analyse the contractual means available to the lender to protect itself against the borrower’s default due to insolvency or other financial difficulties. Its first part is devoted to the review and analysis of certain contractual provisions (representations and warranties) enabling the lender to minimise the risk of default, which shall include a close look at guarantees in a group of companies. Emphasis will be placed on the criteria triggering an early repayment obligation (default and cross-default clauses, in connection with one or more definition clauses), together wit set…
