a loan that is shared by a group of banks that join to make a loan too big for any one of them alone
- The participation of these banks in the syndicated loan is thus not a reliable commercial benchmark.
- A silent participation is comparable in terms of risk to a subordinated loan and should thus be treated as a high-risk loan.
- The loan is handled through a local lending institution — bank, savings and loan, credit union, or farm credit services — which will request the participation of BND.
- A distinction shall be made between six categories (Grant, tax reduction/exemption, equity participation, soft loan, tax deferral, guarantee)
- ‘loan disposal’ means the economic transfer of a loan or pool of loans by the reporting agent to a non-MFI transferee, achieved either by transfer of ownership or by sub-participation,
- ‘loan acquisition’ means the economic transfer of a loan or pool of loans from a non-MFI transferor to the reporting agent, achieved either by transfer of ownership or by sub-participation.
- The silent participation is not a loan but can nevertheless be compared to a high-risk loan since, in case of bankruptcy, it is subordinated to all other claims including subordinated loans.
- The ancillary nature of the activity is not assessed by reference to the amount of the loan or to the purchase price or value of a participation.
- It stresses that it is normal and usual for the majority shareholder to grant a loan upfront of its participation in the recapitalisation.
- It agrees with the Commission that the risk attaching to a silent participation is higher than that attaching to a traditional bank loan.
- On this basis, the participation of KEB and KDB in the syndicated loan may still be considered to be a countervailable subsidy that provides a benefit to Hynix.
- The press release of 4 December also focuses on these two aspects, namely, the participation in the capital increase and the refinancing of the Company through a shareholder loan in the form of a credit line.
- In the view of the Commission, the participation by the other banks in the syndicated loan cannot serve as a proper benchmark for determining the existence of a benefit.
- Cégétel maintains that there are two separate measures: (i) the announcement by the French authorities of the granting of a shareholder loan to France Télécom; and (ii) the participation by the State in the recapitalisation of France Télécom.
- Is the proposed assistance a grant, interest subsidy, reduction in social security contributions, tax credit (relief), equity participation, debt conversion or write off, soft loan, deferred tax provision, amount covered by a guarantee scheme, etc.?;