Companies seeking financing should be mindful of provisions in credit agreements related to economic sanctions, such as those prohibiting doing business in countries subject to U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) sanctions or with sanctioned parties, including those identified on the List of Specially Designated Nationals and Blocked Persons (SDN List). What at first glance can seem like boilerplate can have meaningful differences borrowers should not neglect to carefully review.

Below we discuss some of the key economic sanctions representations, covenants and compliance provisions that arise in credit agreements, and why it is important to sufficiently consider and negotiate these terms.

Representations