Derivatives

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UK should diverge from EU’s green-finance taxonomy, former lawmaker Swinburne says

The following Banking & Finance news provides comprehensive and up to date legal information on UK should diverge from EU’s green-finance taxonomy, former lawmaker Swinburne says

Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

The following Banking & Finance news provides comprehensive and up to date legal information on Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

Comment—EU green-finance plans may leave multinationals out in the cold

The following Banking & Finance news provides comprehensive and up to date legal information on Comment—EU green-finance plans may leave multinationals out in the cold

Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

Featured Banking & Finance content

Sources of Shari'ah

IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal...

Common financial covenants

This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing...

Intercreditor agreement—key provisions

This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having...

Types of debt securities

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...

Practice notes

Fixed and floating charges

There are four main types of security available under English law: •mortgage•charge•pledge, and•lienThis Practice Note explains:•the nature of a...

9th Nov

Practice notes

Loan Market Association (LMA) leveraged documentation

Development of the Loan Market Association (LMA) documentationThe project to develop the LMA investment grade documents began in 1998 as a response to...

9th Nov

Practice notes

Role of a bond trustee

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...

9th Nov

Practice notes

ISDA definitions

The vast majority of derivative transactions are documented by standard documentation developed and published by the International Swaps and...

9th Nov

In-house

Practice notes

Acquisition finance—ancillary facilities

On an acquisition finance transaction, the borrowing group, in addition to the debt (whether loans or bonds) required to fund the transaction, will...

9th Nov

Practice notes

Introduction to fund finance—capital call facilities

What is a 'capital call facility'?A capital call facility is a form of finance provided by a lender to a fund and typically secured against investors’...

Produced in partnership with Peter Olds of Cleary, Gottlieb, Steen & Hamilton 12th Jan

Practice notes

The facility agent

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...

9th Nov

Practice notes

Hot topics for Banking & Finance lawyers

This Practice Note lists hot topics (with links to the appropriate materials) that may be of interest to Banking & Finance lawyers. It is updated...

9th Nov

Practice notes

Transferring a loan by sub-participation

Sub-participation is a means by which a lender can transfer its risk in a loan to another lender. For an overview of the reasons why a lender might...

9th Nov

Practice notes

Debt securities—10b-5 letters

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...

Produced in partnership with Charles Farnsworth of Baker McKenzie and Adam Farlow of Baker McKenzie 12th Jan

Practice notes

Instructing and managing local counsel

Given the cross-border nature of many banking transactions, it is common for the principal legal advisors for lenders and borrowers to need to...

9th Nov

Practice notes

Secondary debt trading—completing the trade confirmation

The majority of secondary debt trades are conducted by telephone or by email. Following the trade call or email exchange, the parties will document...

9th Nov

Practice notes

Drafting or reviewing legal opinions in loan transactions

Legal opinions are one of the key documentary conditions precedent in loan transactions. The legal opinion is a letter which sets out opinions as to...

9th Nov

Practice notes

Borrowing base facilities—structure, key terms and risks

What is a borrowing base facility?Borrowing base facilities ('BB Facilities') are a type of trade finance. They are working capital credit facilities...

Produced in partnership with Dentons UK and Middle East LLP 12th Jan

Precedents

Guarantee and indemnity: cross guarantee from group companies—bilateral—all monies

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...

9th Nov

Practice notes

Guide to completing the ISDA Schedule

Coronavirus (COVID-19): This Practice Note contains information on subjects potentially impacted by the government and regulators' responses to the...

9th Nov

Most recent Derivatives content

Practice notes

The Financial List—starting and transferring claims

What is the Financial List?The Financial List is a specialist list in the High Court which came into force on 1 October 2015 to deal with complex...

14th Apr

Practice notes

EMIR—essentials

In each section of this Practice Note, links are given to the relevant provisions of EU and/or UK legislation, as applicable, and significant...

14th Apr

Practice notes

Regulation of indirect clearing of derivatives

What is clearing of derivatives?Clearing is a process which eliminates the normal risk that a party to a derivatives transaction will default...

14th Apr

Practice notes

Cleared derivatives—treatment of client collateral for leverage ratio purposes

What is clearing of derivatives?Clearing is a process which eliminates the normal risk that a party to a derivatives transaction will default.The main...

14th Apr

Practice notes

Brexit—impact on finance transactions

This Practice Note:•explains where to find information on the latest Brexit developments, in particular, those that impact financial...

14th Apr

Brexit

Practice notes

Guide to hedging within a financing context—for the financing lawyer

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Ruth Marken and Mike Tanner of CMS 14th Apr

Practice notes

Guide to hedging within a financing context—the ISDA documents

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Ruth Marken and Jason Brooks of CMS 14th Apr

Practice notes

Brexit—documentary implications for facility agreements [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note focuses on the impact of the end of the implementation period...

14th Apr

Brexit

Practice notes

ISDA—latest news on documentation

This Practice Note contains a summary of new and updated documents published by the International Swaps and Derivatives Association (ISDA). It is...

9th Apr

Practice notes

Getting the Deal Through: Equity Derivatives 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Cayman Islands; France; Germany; Hong Kong; Japan; Mexico;...

9th Apr

Practice notes

Dispute resolution and derivatives

The nature, main types and main uses of financial derivatives are summarised in Practice Notes: The nature of financial derivatives and Types of...

8th Apr

Practice notes

Credit derivatives—settlement procedures

Settlement methodsOnce a credit derivative transaction has been triggered, the parties to that transaction will want to settle it so that they each...

8th Apr

Practice notes

Scope of the ISDA Master Agreement—Section 4 (Agreements)

ISDA documentsThe 1992 and 2002 ISDA Master Agreements (the Master Agreements) are standard form documents produced by the International Swaps and...

8th Apr

Practice notes

Key terms found in the 2014 ISDA Credit Derivatives Definitions

The background to the 2014 ISDA Credit Derivatives DefinitionsIn 1999 the first set of credit derivatives definitions were published which were...

8th Apr

Practice notes

Margin for non-cleared derivatives—industry initiatives

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

8th Apr

Practice notes

Pay as you go inflation swap structure diagram

Step-by-step guide•Party A and Party B enter into an International Swaps and Derivatives Association (ISDA) Master Agreement, Schedule and agree with...

8th Apr

Practice notes

Scope of the ISDA Master Agreement—Section 5 (Events of Default and Termination Events)

ISDA documentsThe 1992 and 2002 ISDA Master Agreements (the Master Agreement) are standard form documents produced by the International Swaps and...

8th Apr

Practice notes

Derivatives in structured finance

Management of issuer riskIn structured finance transactions (including securitisations), a special purpose vehicle (an SPV, also referred to as the...

8th Apr

Practice notes