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banks. The two methods of distribution are assignment or participation. These methods are
described below.
For the method of assignment, the holder of a loan who wants to sell its position can do so by
passing on or assigning its interest in the loan. In this procedure, the seller transfers all rights
completely to the holder of the assignment, now called the assignee. The assignee is said to have
privity of contract with the borrower. Because of the clear path between the borrower and
assignee, assignment is the more desirable choice of transfer and ownership.
For the method of participation, the owner of a loan “participates out” a portion of its holdings.
The holder of the participation does not become a party to the loan agreement and has a
relationship not with the borrower but with the seller of the participation. Unlike an assignment,
a participation does not confer privity of contract on the holder of the participation, although the
holder of the participation has the right to vote on certain legal matters concerning amendments
to the loan agreement. These matters include changes regarding maturity, interest rate, and issues
concerning the loan collateral. Because syndicated loans can be sold in this manner, they are
marketable.
24. In a collateralized loan obligation, how is protection afforded to the most senior bond
class?
A collateralized loan obligation (CLO) is a special purpose vehicle (SPV) that issues debt and
equity and from the funds raised invests in a portfolio of leveraged loans. The entity responsible
for managing the portfolio of leverage loans (i.e., the collateral) is the collateral manager.