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银团贷款是一种相对低风险的巨额贷款,它在银行业务中占有相当的比例。但是因为银行本身的风险防范性,使得银团贷款中各方为了规避自身的风险而设置了很多风险防范条款,这导致了银团贷款中各方法律关系的复杂化。本文以直接银团贷款的各参与主体为研究对象,从贷款安排的内容来分析借款人,牵头行,代理行和参与行之间的法律关系和各自的权利义务内容。
A syndicated loan is a huge loan with relatively low risk, which accounts for a considerable proportion of the banking business. However, because of the precautionary nature of banks, many risk prevention provisions have been set by parties involved in the syndicated loans to avoid their own risks. This has led to the complication of the legal relationship among the parties in the syndicated loans. In this paper, the main participants of the direct syndicated loans as the research object, from the content of the loan arrangement to analyze the legal relationship between the borrower, the lead line, agency and participating line and their rights and obligations.