This Practice Note explains the features of three common types of loan facility:•overdrafts•term loans, and•revolving credit facilities (RCFs)It also...
Assignments by way of security can take different forms and it is important to understand how they are created and their effect. Security over choses...
Subordination is a way of changing the priority of claims against a debtor so that one creditor or group of creditors (the junior creditor(s)) agree...
In many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in being able to recover...
What is a borrowing base facility?Borrowing base facilities ('BB Facilities') are a type of trade finance. They are working capital credit facilities...
Documents for a typical project finance transaction can be split into three broad categories:•finance documents—the finance documents govern the debt...
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...
Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Brazil; China; South Africa; South Korea; Switzerland; United...
As explained in Practice Note: Applicable law:'The applicable law is the law that governs a dispute between the parties. Generally, parties have the...
What is a penalty clause?A penalty clause is a liquidated damages clause which the court will not enforce on the basis that the provision is excessive...
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