Contracts—termination and contractual claims and remedies

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Practice notes
Term Loan B facilitiesThis Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in...
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Produced in partnership with Carlo de Vito Piscicelli of Cleary Gottlieb Steen & Hamilton 19th May
Practice notes
Exchange traded derivativesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
OTC and exchange traded derivatives—key features and conceptsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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19th May
Practice notes
How is a mortgage created?A mortgage is one of the four types of security recognised under English law and described in Types of security.This...
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19th May
Practice notes
WarrantsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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19th May
Practice notes
Loan Market Association (LMA) leveraged documentationDevelopment of the Loan Market Association (LMA) documentationThe project to develop the LMA...
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19th May
Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert full name of borrower]1We refer to...
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19th May
Practice notes
Introduction to fund finance—capital call facilitiesThis Practice Note discusses:•what is meant by capital call facilities, NAV, or asset backed...
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Produced in partnership with Leon Stephenson of Reed Smith 19th May
Practice notes
Synthetic securitisationsWhat is a securitisation?Securitisation is a technique used to finance the ownership or sale of types of assets that would...
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19th May
Practice notes
Increased costsThis Practice Note considers the costs that a lender will incur when providing funding to a borrower and the steps that it will take...
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19th May
Practice notes
Transferring a loan by equitable assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an...
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19th May
Precedents
[TO BE PRINTED ON THE HEADED PAPER OF THE LENDER][insert name and address of borrower][insert date]Dear [insert full name of borrower]We offer to...
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19th May
Practice notes
Borrowing base facilities—structure, key terms and risksWhat is a borrowing base facility?Borrowing base facilities ('BB Facilities') are a type of...
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Produced in partnership with Dentons 19th May
Practice notes
What is credit support and how is it used in the ISDA credit support documentation?What is credit support?Credit support is a means of a party...
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19th May
Practice notes
Role of a bond trusteeNot all bond issues involve a trustee. It is up to the issuer to decide whether to appoint a trustee or a fiscal agent—see...
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19th May
Practice notes
Third party securityIn many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in...
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19th May

Most recent Contracts—termination and contractual claims and remedies content

Practice notes
Claims for rectificationThis Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a...
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3rd Aug
Q&As
Can a lender set off an unmatured liability of its borrower against a credit balance on the borrower’s deposit account?This Q&A discusses the rights...
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Produced in partnership with Brian Cain 31st Jul
Q&As
How can I ensure the fees and interest in my finance documents do not constitute a penalty?What is a penalty clause?A penalty clause is a liquidated...
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31st Jul
Q&As
What is the process for revoking a deed or contract and putting in place a new replacement deed or contract?We refer you to the following Practice...
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31st Jul
Q&As
Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?Is there a force majeure event?In English law, the...
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31st Jul
Q&As
Can you provide case law on a scenario where an enforcement of security has been challenged by a borrower and the borrower then sued the bank for loss...
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Produced in partnership with James Hall of Hardwicke Chambers 31st Jul
Q&As
Can I terminate a contract on reasonable notice?In answering this Q&A, we have taken into consideration what steps a party needs to take to terminate...
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31st Jul
Q&As
Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force...
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Produced in partnership with Richard Colbey of Lamb Chambers 31st Jul
Q&As
What remedies are available for breach of a contractual exclusivity clause?In answering this Q&A, we have assumed that the contract in question is a...
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31st Jul
Q&As
Can I terminate a fixed-term commercial contract early?Can I terminate a fixed term commercial contract early?We have a contract with another...
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31st Jul
Q&As
Can a contract be rescinded if, subsequent to the contract being concluded, one party attempts to redefine the terms?In order to determine whether an...
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31st Jul
Q&As
What is the meaning of ‘severe breach’? What is the meaning of fundamental or repudiatory breach? What termination rights and rights to claim damages...
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31st Jul
Practice notes
Termination for breach of contractThe termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the...
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31st Jul
Q&As
Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
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31st Jul
Q&As
How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...
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Produced in partnership with Richard Nicholas of Browne Jacobson 31st Jul
Practice notes
Contractual damages—general principlesThis Practice Note considers the general principles of recovering damages for contractual breach, starting with...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 31st Jul
Practice notes
Force majeure—consequences and contract dischargeCoronavirus (COVID-19): In addition to the below content on force majeure generally, see...
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31st Jul
Practice notes
Contract interpretation—distinguishing between liquidated damages and penalty clausesLiquidated damages v penalties—when does the issue arise?Parties...
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31st Jul
Practice notes
Limitation—contract claimsIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for...
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31st Jul
Practice notes
Void contractsWhen is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the...
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31st Jul

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