| Abstract [eng] |
World economic turmoil, which has started after a collapse of Lehman Brothers, a bank of United States of America, had emphasized the importance of effective bank’s credit portfolio risk management and this in turn determined a stricter regulation of banking sector. Therefore, it is supposed that in Lithuania, due to the latter conditions, a frequency of lending by using the form of a syndicate lending agreement will increase. Though in Lithuanian banking practice the syndicate lending is not a phenomenon, in Lithuanian law doctrine there were almost no analysis regarding syndicated lending and theoretical and practical issues related thereto, moreover, there are no precedent cases in this field. Therefore, the objective of these master theses is to analyze practical and theoretical issues of syndicate lending process, which raise most disputes in international practice, also to assess these questions in the context of Lithuanian law system. In these theses the various issues were examined focusing on: the concept of syndicate credit agreement in international practice and Lithuanian law, arranging process of syndicate lending, relationships between an Arranger and a Borrower and relationships between the Arranger and other syndicate members, the issues of the Arranger’s liabilities, the purpose of Mandate Letter, the relationships among syndicate members themselves, the implementation of syndicate members’ rights and liabilities under syndicate credit agreement, the role of Agent bank in syndicate lending process, and the assessment of the latter issues in the context of Lithuanian law. A comparative method was used as the main method in this research, basically focusing on two legal systems – Lithuanian and English Law. English law had been chosen due to a well developed legal system in commercial / financial legal relationships and it’s especially huge impact to international and Lithuanian banking practice. |
