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A participation agreement is a contract between all the leaseholders participating together in the joint purchase of their freehold and provides a legal basis for the action.
Par/near par loan trades are settled using an assignment agreement in the form attached to the relevant credit agreement, which is signed by buyer, seller, administrative agent as well as any other required consents, such as the borrower (Assignment Agreement).
Securities are labeled as distressed when the company issuing them is unable to meet many of its financial obligations. In most cases, these securities carry a "CCC" or below credit rating from debt-rating agencies, such as Standard and Poor's or Moody's Investor Services.
Par terms provide for a limited set of representations from the seller to the buyer concerning the loans being traded, whereas Distressed trading terms provide the buyer with an enhanced set of seller representations, warranties and indemnitees.
Generally, participation agreements involve one or more participants who purchase an interest in the underlying loan, but a single lender, the lead lender, retains control over the loan and manages the relationship with the borrower.