US regulatory issues—debt capital markets

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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
European PIK loan facilitiesThis Practice Note provides information on European PIK loan facilities (PIK facilities). It discusses:•the key features...
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Produced in partnership with Susan Whitehead, Consultant at Hogan Lovells and Penny Angell, Partner at Hogan Lovells 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
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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
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
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
Bilateral, syndicated and club arrangementsOne of the features used to categorise loans is the number of lenders involved. A loan involving one lender...
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19th May
Practice notes
Pre-export finance—key terms in the facility agreementPre-export finance (PXF) is an established structure used to provide finance to producers of...
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Produced in partnership with Dentons 19th May
Practice notes
Derivatives—ISDA documentation frameworkThe International Swaps and Derivatives Association, Inc. (ISDA) is an association for participants in the...
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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
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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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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
Loan Market Association (LMA)—news on documentation [Archived]This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA...
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19th May
Practice notes
Crystallisation of floating chargesThe key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the...
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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 name of borrower],We are pleased to...
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19th May

Most recent US regulatory issues—debt capital markets content

Practice notes
USA—Understanding the registration and reporting requirements for foreign private issuersCertain foreign companies that issue securities, or desire a...
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Produced in partnership with Jonathan Guest of McCarter & English LLP 31st Jul
Practice notes
Dodd-Frank tracker—key legislation for Financial Services [Archived]STOP PRESS: The Financial Choice Act, which was passed in US House of...
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31st Jul
Practice notes
USA—financial services regulation essentialsIntroduction to US financial services regulationThe financial services industry in the US is heavily...
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31st Jul
Practice notes
USA—Introduction to state securities (blue sky) lawsState securities regulatorsApart from the Securities and Exchange Commission (SEC), which is an...
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31st Jul
Practice notes
USA—The US regulatorsSecurities and Exchange Commission (SEC)What is the SEC?The SEC was created under the Securities and Exchange Act of 1934. This...
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31st Jul
Practice notes
Dodd-Frank Act—overview for non-US lawyers—essentialsBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit...
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Produced in partnership with Dwight C. Smith of Covington & Burling LLP 31st Jul
Practice notes
Rule 144A and Regulation S requirementsThis Practice Note provides an overview of Rule 144A and REgulation S under the Securities Act of 1933, as...
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Produced in partnership with Lloyd Harmetz of Morrison & Foerster LLP 30th Jul
Practice notes
Offering memorandum drafting for a Rule 144A/Regulation S securities offeringIn an offering under Rule 144A (17 CFR 230.144A) or Regulation S...
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Produced in partnership with Lloyd Harmetz of Morrison & Foerster LLP 30th Jul
Practice notes
US regulation of debt capital markets—one minute guideIntroductionThe US provisions which are most relevant to international issues of debt securities...
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30th Jul
Practice notes
Debt securities—10b-5 lettersA 10b-5 letter (also referred to as a 'disclosure letter') is a letter delivered to the underwriters by issuer's and...
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Produced in partnership with Charles Farnsworth of Baker McKenzie and Adam Farlow of Baker McKenzie 30th Jul
Practice notes
Due diligence in a Rule 144A/Regulation S offeringRule 144A (17 CFR 230.144A) securities are purchased only by qualified institutional buyers (QIBs),...
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Produced in partnership with Lloyd Harmetz of Morrison & Foerster LLP 30th Jul
Practice notes
Parties involved in a Rule 144A/Regulation S debt offeringThis Practice Note discusses the parties in a Rule 144A (17 CFR 230.144A)/Regulation S debt...
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Produced in partnership with Lloyd Harmetz of Morrison & Foerster LLP 30th Jul

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