نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Syndicated loan agreements constitute an important mechanism of international financing, developed to meet the substantial capital requirements of large-scale commercial and infrastructure projects. By bringing together several banks or financial institutions under the coordination of a lead bank, these agreements facilitate the provision of financial resources, the distribution of risks among participating institutions, the reduction of transaction costs, and the acceleration of financing procedures. Their legal framework involves three principal parties: the borrower, the syndicate members, and the lead or agent bank, each of which assumes distinct contractual rights, obligations, and responsibilities. Furthermore, the transnational nature of syndicated loan agreements creates challenges regarding the determination of the governing law, jurisdiction, and conditions governing the assignment of contractual rights or the transfer of participation shares. Employing a descriptive-analytical method, this study examines the legal status of the parties, their contractual relationships, liability allocation, and applicable conflict-of-laws principles. It aims to identify existing legal ambiguities and clarify the rules governing these complex financial transactions. Ultimately, the research seeks to strengthen legal certainty, enhance contractual transparency, and promote the balanced protection of the interests of all parties involved in syndicated financing.
کلیدواژهها English