Work with an independent security trustee
Our capital markets team brings widespread commercial and practical expertise to the most complex of distressed and defaulted transactions.
Ocorian acts as an independent security trustee (security agent) on behalf of the creditors in debt transactions to securely hold the assets in trust, and efficiently manage communications between all the transaction parties to ensure compliance with the transaction documentation.
If the transaction becomes distressed, we will work fast to recognise, isolate and minimise risk in order to support the refinancing of the transaction and handle the complexities of the restructuring process.
Where required, we will also manage the enforcement of the security, helping you to resolve the situation and efficiently recover the assets in even the most complex and distressed situations.
How we help
We hold documents, agreements and security assets, such as physical share certificates or original promissory notes, in safe custody in physical or electronic form, on behalf of clients.
This includes legal counsel for Ocorian, as required, and the lenders, and any agents that must be engaged in the jurisdictions where the security is held if required.
In the case of a loan default, and lenders enforcing on that security, we will coordinate the lenders and act as a single point of contact.
We can also assist with your debt restructuring needs.
We act as a gatekeeper for underlying security, amendments and waivers and approving necessary changes to documentation
We will act as the primary point of contact between the borrower and lenders, and managing all communication and cashflows between all relevant parties.
This includes:
- Receiving and allocating principal and interest on the loan and communicating them to the borrower and lender as required
- Setting up and maintaining the details of each loan to record principal and interest payments (receipts), coupon resets and confirming interest amounts
- Providing general loan administration services in relation to the loan facility
- Assisting with the fulfilment of all conditions precedent to financial close
- Processing utilisation requests, interest rate fixes, payment of interest, principal and fees
- Co-ordinating communication between the lenders and the borrower, including amendments, consents and waiver
- Expediting communications with third parties, including lawyers and other professional advisors
- Monitoring the overall available commitment for the facility and per lender.
- Monitoring borrower covenants by ensuring compliance with the terms of the transaction documentation
As bond trustee, we will provide a qualified team to represent the investors, noteholders and creditors in a structure.
We will consult with them, as required, and exercise their view in any issues or disputes, and ensure the issuer complies with its obligations under the indenture.
As paying agent, we will:
- Manage both ad hoc and scheduled cashflow management, as well as transfers between borrowers and lenders
- Assist in disbursement of funds on closing, interest payments, amortizations and repayment
- Lender of record management and associated cash management
We can act as listing agent, acting as a liaison between the issuer and the stock exchange.
We will act as an independent escrow agent to hold your assets securely in escrow and distribute them according to your instructions or the terms of your transaction agreement.
We will act as the co-ordination agent on complex restructuring arrangements.
Why Ocorian?
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Focus and independence
As we are not the lender or creditor, acting as a security trustee is our sole purpose so you can rely on us for our focus, independence and to be conflict free.
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Experience across global jurisdictions
Our trustee team has extensive experience of holding secured assets and enforcing security across multiple jurisdictions in complex, distressed situations, security enforcements and restructurings.
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Highly responsive
Our trustee team provide efficient KYC services for fast onboarding of deals, act as an integral part of the deal team and are highly responsive to the needs of the creditors and transaction.
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