Redcliffe Partners acted as a legal counsel to EBRD in relation to the unfunded risk participation agreements with Ukrsibbank of a total value of up to USD50 million. The risk sharing arrangement will allow Ukrsibbank to share with EBRD the risks of non-performance of the Ukrsibbank borrowers. The EBRD’s risk sharing programme is aimed at restarting lending in Ukraine, as well as supporting sound lending practices.
The concept of risk sharing is not known to Ukrainian law. Therefore, for the purposes of the project, Redcliffe assisted in developing a sophisticated structure to implement the intended risk sharing in Ukraine. Also, Redcliffe reviewed the risk participation agreement and related documentation from the perspective of Ukrainian law, negotiated with Ukrsibbank and upgraded the local loan templates to EBRD’s standards.
Redcliffe’s team comprised Olexiy Soshenko, managing partner, and Olesia Mykhailenko, associate.
The signed risk sharing agreement will allow EBRD to induce, inter alia, lending by Ukrsibbank to the local market in different currencies (including the Ukrainian hryvnia) to medium and small Ukrainian businesses. In order to become eligible for loans risk shared by EBRD, the Ukrainian companies will need to comply with the highest business standards, conduct their business with due diligence and efficiency, and in accordance with sound engineering, financial, business and environmental practices.
Clifford Chance advised EBRD on the English law aspects of the transaction.