The specific, often overlooked, contractual clause critical to review regarding draw-down procedures during a declared emergency is the Material Adverse Change (MAC) clause, sometimes referred to as a Material Adverse Effect (MAE) clause. This provision grants the lender the right to refuse further funding advances, declare a default, or accelerate the repayment of existing debt if an event or series of events occurs that, in the lender's reasonable judgment, has a significant negative impact on the borrower's business, operations, assets, financial condition, or future prospects, or on its ability....
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