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Practice notes
What are incremental facilities?An incremental facility is feature included in a credit agreement where, subject to meeting certain pre-agreed...
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Produced in partnership with Osborne Clarke 12th Jan
Practice notes
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be...
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9th Nov
Practice notes
This Practice Note explains the features of three common types of loan facility:•overdrafts•term loans, and•revolving credit facilities (RCFs)It also...
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9th Nov
Practice notes
This Practice Note considers:•the purpose of events of default included in facility agreements•common events of default relating to borrowers and...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
In many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in being able to recover...
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9th Nov
Practice notes
Assignment is a means by which a lender can transfer its interest in a loan to another lender.For an overview of the reasons why a lender might...
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9th Nov
Practice notes
Novation is a means by which a lender can transfer its interest in a loan to another lender.This Practice Note looks at what is meant by novation...
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9th Nov
Practice notes
There are times when a lender might want to get back some of the money it has lent to a borrower before the borrower is due to repay it.If the...
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9th Nov
Practice notes
In summary, a market disruption clause sets out how interest is calculated for a loan if a lender’s cost of funding the loan is in excess of London...
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9th Nov
Practice notes
What is a borrowing base facility?Borrowing base facilities ('BB Facilities') are a type of trade finance. They are working capital credit facilities...
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Produced in partnership with Dentons UK and Middle East LLP 12th Jan
Practice notes
This Practice Note considers the main terms included in standard form shipbuilding contracts. In particular, it looks at:•standard forms of the...
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9th Nov
Precedents
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year]Parties1[Insert name of Guarantor], a company incorporated in...
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9th Nov
Precedents
[insert date]To:[insert full name and address of lender]Dear [insert full name of lender]I am a director of [insert full name of borrower] (the...
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9th Nov
Practice notes
Documents for a typical project finance transaction can be split into three broad categories:•finance documents—the finance documents govern the debt...
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9th Nov

Most recent Claims and remedies content

Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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15th Jan
Practice notes
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...
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15th Jan
Q&As
When a lender (A) discharges the liability of a borrower to a secured lender (B), A may be entitled to revive and take the benefit of the security...
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Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB) 8th Jan
Q&As
This Q&A discusses the rights of a lender to set off a sum that the lender owes to a borrower (eg a credit balance on a deposit account) against an...
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Produced in partnership with Brian Cain 8th Jan
Q&As
Contractual notices by emailElectronic communicationsAn electronic communication can take a variety of forms. In section 15(1) of the Electronic...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 8th Jan
Practice notes
While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...
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Produced in partnership with Zainab Hodgson of CMS 8th Jan
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Brazil; China; South Africa; South Korea; Switzerland; United...
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7th Dec
Q&As
As explained in Practice Note: Applicable law:'The applicable law is the law that governs a dispute between the parties. Generally, parties have the...
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6th Dec
Q&As
In answering this Q&A, we have assumed that the contract in question is a business to business (B2B) contract.It is crucial that exclusivity...
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6th Dec
Q&As
This Q&A relates to a business-to-business (B2B) contract which is not subject to specific sector regulation or control. We further assume that the...
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6th Dec
Q&As
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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28th Nov
Precedents
1 Rights of third parties (third party rights excluded, save as specifically provided) 1.1 [Except as [provided in...
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26th Sep

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