Amendments, waivers and consents

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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
Development of the Loan Market Association (LMA) documentationThe project to develop the LMA investment grade documents began in 1998 as a response to...
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9th Nov
Practice notes
The vast majority of derivative transactions are documented by standard documentation developed and published by the International Swaps and...
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9th Nov
Practice notes
What is a direct agreement?Direct agreements are very common in project finance transactions. A direct agreement is an agreement which gives the...
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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
The key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the charged assets in the normal course of...
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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
What are they?A bridge to bond facility is a type of acquisition financing where the buyer requires the certainty of a fully committed financing...
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Produced in partnership with Cleary Gottlieb and Ian Chin of Morrison & Foerster 12th Jan
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
Summary of advantages and disadvantages of the floating chargeThis Practice Note discusses the advantages and disadvantages of taking a floating as...
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9th Nov
Practice notes
The majority of secondary debt trades are conducted by telephone or by email. Following the trade call or email exchange, the parties will document...
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9th Nov
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
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
Practice notes
Commodity repurchases (repos) are a common alternative method of financing. There are a number of advantages for both the financier and a commercial...
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Produced in partnership with Sullivan 12th Jan
Practice notes
Shares are commonly offered as security for a loan in commercial lending transactions.Practice Note: Taking security over shares explains how to take...
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9th Nov

Most recent Amendments, waivers and consents content

Q&As
In order for a secured lender to appoint, ordinarily, an event of default has to have occurred under the terms of the loan facility and/or associated...
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Produced in partnership with Daniel Sejas of MHS Sprecher Grier 25th Jan
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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22nd Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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22nd Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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17th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
17th Jan
Practice notes
It is common for the parties to a facility agreement to want to amend its terms, often a number of times, during the life of the facilities. They may,...
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17th Jan
Q&As
This Q&A considers the issues that a lender faces if it requests new security for both new and existing loans as a condition to the advance of further...
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12th Jan
Q&As
There are many reasons why it might be necessary to amend a security document—for example the description of the liabilities secured by the document...
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12th Jan
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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12th Jan
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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12th Jan
Q&As
STOP PRESS: On 16 May 2018 in the case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24, the Supreme Court unanimously held...
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Produced in partnership with Albert Sampson 8th Jan
Q&As
This Q&A discusses the factors a lender will need to consider if it is asked to waive an event of default under a loan agreement.The following...
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Produced in partnership with Brian Cain 8th Jan
Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower][and][insert name and address of guarantor, if...
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28th Nov
Precedents
This Agreement is made on [date] Parties1[insert name of Borrower], a company incorporated in England and Wales with registered number [insert company...
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28th Nov
Precedents
This Agreement is made on [insert date]Parties1[insert name of Borrower], a company incorporated in England and Wales with registered number [insert...
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28th Nov
Precedents
[To be printed on the headed paper of the Guarantor][insert date]To: [insert name and address of the lender]Dear [insert full name of lender]1We refer...
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28th Nov
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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28th Nov
Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower][and][insert name and address of guarantor, if...
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28th Nov
Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower][and][[insert name and address of guarantor, if...
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28th Nov

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