Contractual interpretation

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Precedents
This Deed is made on [insert day and month] 20[insert year]Parties1[insert name of Lender], a company incorporated in England and Wales with...
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19th May
Practice notes
Credit linked notesIP 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
What are credit derivatives?IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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19th May
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
ISDA definitionsThe vast majority of derivative transactions are documented by standard documentation developed and published by the International...
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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
Structure of a facility agreementThis Practice Note discusses the usual components of a bilateral, committed facility agreement to a corporate...
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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
Perfecting security over aircraft and registering security on the UK Register of Aircraft MortgagesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020...
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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
Perfecting securityIP 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
The facility agentThis Practice Note covers the duties and role of the facility agent (defined in the Loan Market Association (LMA) documentation as...
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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
Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert name of borrower],We are pleased to...
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19th May
Practice notes
Overdrafts, term loans and revolving credit facilitiesThis Practice Note explains the features of three common types of loan facility:•overdrafts•term...
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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 Contractual interpretation content

Practice notes
Contract interpretation—interpreting entire agreement clausesParties may often seek to specify that the entirety of their contractual relationship is...
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19th Jul
Practice notes
Contract interpretation—battle of the forms—on whose terms have parties contracted?This Practice Note considers the court’s approach when there is...
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12th Jul
Practice notes
When is variation of a contract valid?There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with...
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5th Jul
Practice notes
Contract interpretation—the parol evidence ruleIn addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see...
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14th Jun
Practice notes
Contract interpretation—the guiding principlesKey questions for any litigator when reviewing a contract will be:•what does the contract mean?•what are...
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7th Jun
Q&As
Is there any case law relating to definitions of or discussions on ‘substantially all’ in relation to a company’s assets?As discussed in the article...
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5th Jun
Q&As
How do you determine the governing law of a contract when the contract is silent and the contracting parties are located in different countries?As...
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5th Jun
Q&As
What are best and reasonable endeavours clauses?To what extent can the terms best endeavours and reasonable endeavours be enforced?In general...
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5th Jun
Q&As
When an exclusivity clause in a contract is not clear, is the clause enforceable?In answering this Q&A, we have assumed that the contract in question...
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5th Jun
Q&As
In the absence of an express provision in a contract, is the default position that a contract can be novated upon written agreement of the...
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5th Jun
Q&As
Is email the only form of electronic communication that can be used for giving notice under a contract and what are the issues arising regarding the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 5th Jun
Practice notes
Contract interpretation—admissibility of surrounding documentsContract interpretation—starting point—the contract itselfUnless alleging mistake, fraud...
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5th Jun
Practice notes
Contract interpretation—when is a statement a representation or a contractual term?What are contractual terms?The terms of a contract define the...
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5th Jun
Practice notes
Contract interpretation—rules of contract interpretationThis Practice Note on rules on interpreting contracts (agreements) (also known as construing...
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5th Jun
Practice notes
Contract interpretation—admissibility of pre-contractual negotiations and statementsWhen advising on contractual construction you should consider:•the...
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5th Jun
Practice notes
Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or...
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5th Jun
Practice notes
Reasonable and best endeavoursThis Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that...
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4th Jun
Practice notes
Construction of finance documents—key casesThis Practice Note sets out certain key cases and associated relevant content in relation to construction...
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4th Jun

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