US regulatory issues—debt capital markets

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Practice notes
Coronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus on execution of documents and company filing and...
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15th Oct
Practice notes
Legal opinions are used in the vast majority of financing transactions. They are usually either a condition precedent to funding or a condition...
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8th Oct
Practice notes
Guarantees (see Practice Note: Guarantees) and third party security (see Practice Note: Third party security) from individuals are relatively common...
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29th Sep
Practice notes
In financing transactions, conditions precedent are the conditions that need to be fulfilled for funding to occur.This Practice Note explains:•the...
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26th Sep
Practice notes
Debentures are used in many types of financing where it is desirable to take security over all of the assets of a particular entity. They are a form...
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26th Sep
Practice notes
Set-off is a complex yet important concept in legal proceedings generally and for many different types of transaction.Independent set-off and...
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26th Sep
Practice notes
There are four main types of security available under English law: •mortgage•charge•pledge, and•lienThis Practice Note explains:•the nature of a...
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26th Sep
Practice notes
Land (or real property) is commonly offered as security for a loan. In this context, land has more relevance than some other assets because it can be...
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26th Sep
Practice notes
Coronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution of documents and company...
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26th Sep
Practice notes
This Practice Note sets out certain key cases and associated relevant content in relation to guarantees. The cases are divided by topic area and...
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25th Sep
Practice notes
What is a debenture?In the context of secured lending, the term 'debenture' means a form of security agreement that grants security interests over a...
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25th Sep
Practice notes
Contractual rights are a type of chose in action, ie something that is recoverable by legal action as opposed to something that is physically...
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25th Sep
Practice notes
In commercial lending transactions receivables are typically offered as security:•as part of a package of security over the whole of a company's...
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25th Sep
Practice notes
A lender's primary concern is that it is repaid. Even if a lender obtains a judgment for payment of the sum owed to it by its borrower, this does not...
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25th Sep
Practice notes
There are five main types of set-off:•independent set-off (sometimes known as legal set-off or statutory set-off)•transaction set-off (also known as...
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25th Sep
Practice notes
Guarantees are typically used in banking transactions as a form of collateral for a debt. In such circumstances, they are a contractual arrangement...
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25th Sep

Most recent US regulatory issues—debt capital markets content

Practice notes
Introduction to US financial services regulationThe financial services industry in the US is heavily regulated by a myriad of different regulators at...
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25th Sep
Practice notes
This Practice Note is intended to give non-US legal practitioners a degree of familiarity with the Dodd-Frank Wall Street Reform and Consumer...
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25th Sep
Practice notes
State securities regulatorsApart from the Securities and Exchange Commission (SEC), which is an independent government agency charged with...
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25th Sep
Practice notes
Securities and Exchange Commission (SEC)What is the SEC?The SEC was created under the Securities and Exchange Act of 1934. This Act also amended and...
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25th Sep
Practice notes
Certain foreign companies that issue securities, or desire a secondary public trading market for their securities, in the United States face different...
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25th Sep
Practice notes
A 10b-5 letter (also referred to as a 'disclosure letter') is a letter delivered to the underwriters by issuer's and underwriters' counsel in...
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25th Sep
Practice notes
STOP PRESS: The Financial Choice Act, which was passed in US House of Representatives on June 2017 seeks in large part to undo many of the restrictive...
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26th Sep
Practice notes
IntroductionThe US provisions which are most relevant to international issues of debt securities outside the US are:•the exemptions granted under Rule...
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26th Sep
Practice notes
In an offering under Rule 144A (17 CFR 230.144A) or Regulation S (144A/Reg S) under the Securities Act of 1933, as amended (the Securities Act), the...
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26th Sep
Practice notes
Rule 144A (17 CFR 230.144A) securities are purchased only by qualified institutional buyers (QIBs), which are typically among the most sophisticated...
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26th Sep
Practice notes
This Practice Note provides an overview of Rule 144A and REgulation S under the Securities Act of 1933, as amended (Securities Act). Rule 144A and...
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26th Sep
Practice notes
This Practice Note discusses the parties in a Rule 144A (17 CFR 230.144A)/Regulation S debt offering. These offerings involve a team of...
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26th Sep

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