When leading a panel presentation on participation agreements for the International Factoring Association a few years ago, I asked the panelists what they considered the most important element of a participation agreement; they unanimously answered “trust.” I can draft the tightest participation agreement, but ultimately, having the right partner in the deal is what determines its success. (Well, that and whether the borrower pays.) Therefore, I started adding a provision to my participation agreements that required the other party to be trustworthy. All joking aside, that was the right answer, but trust can’t be properly drafted into an agreement. Here, I outline a few key provisions to strengthen the trust factor between a lead and a participant.