Process Agents in Commercial Finance Transactions: Requirements, Roles, Legal Considerations & Best Practices

Cogency Global Inc.

This CLE program provides a comprehensive overview of the role and legal significance of process agents (a/k/a “Contract Agents”) in U.S. domestic and cross-border finance transactions, including credit facilities, real estate finance, aviation mortgages and leases, ISDA Master Agreements for derivatives transactions. The program explains the statutory and constitutional frameworks that underpin service of process requirements, the continued necessity of process agents even in arbitration-focused agreements and the impact of recent case law addressing enforceability, jurisdiction, and adequate notice standards. Attendees will learn best practices for appointing and considerations when drafting process agent provisions, understand lender expectations of the appointed process agent, and review why New York, England & Wales, and Hong Kong courts remain preferred venues to appoint a process agent in global finance agreements.

CLE Hours = 1 Non-Substantive