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Hedging in loan transactions

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The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

FCA looks to challenge Amigo Loans’ restructuring plan

FCA looks to challenge Amigo Loans’ restructuring plan

The following Banking & Finance news provides comprehensive and up to date legal information on FCA looks to challenge Amigo Loans’ restructuring plan

Banking and Finance weekly highlights—13 May 2021

Banking and Finance weekly highlights—13 May 2021

The following Banking & Finance news provides comprehensive and up to date legal information on Banking and Finance weekly highlights—13 May 2021

SEC brought 75 crypto-related actions in 7.5 years

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The following Banking & Finance news provides comprehensive and up to date legal information on SEC brought 75 crypto-related actions in 7.5 years

Featured Banking & Finance content

Commodity repo transactions and true sale considerations

Commodity repo transactions and true sale considerations

Commodity repurchases (repos) are a common alternative method of financing. There are a number of advantages for both the financier and a commercial...

Guide to completing the ISDA Schedule

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...

Project finance—key finance documents

Project finance—key finance documents

Documents for a typical project finance transaction can be split into three broad categories:•finance documents—the finance documents govern the debt...

Director’s certificate for a bilateral loan: borrower

Director’s certificate for a bilateral loan: borrower

[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...

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

Floating charges—advantages and disadvantages

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

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...
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9th Nov
Practice notes

Crystallisation of floating charges

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

Subordination

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

Assignments by way of security

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
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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...
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9th Nov
Practice notes

Drafting and negotiating the facility agreement

This Practice Note covers the typical structure of facility agreements and the key terms and provisions that will be included. It examines the process...
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9th Nov
Practice notes

Direct agreements in project finance transactions

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
tag iconSustainable Business Toolkit
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...
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9th Nov
Practice notes

Incremental debt flexibility or accordion features

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

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...
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9th Nov
Precedents

Real property mortgage: single company chargor—bilateral—specific monies

This Deed is made on [insert day and month] 20[insert year]Parties1[Insert name of Chargor], a company incorporated in England and Wales with...
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9th Nov
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 documentation and related topics. It covers LMA updates from...
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9th Nov
Practice notes

Term Loan B facilities

This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged...
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Produced in partnership with Carlo de Vito Piscicelli of Cleary Gottlieb Steen & Hamilton 12th Jan
Practice notes

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...
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9th Nov

Most recent Hedging in loan transactions content

Practice notes

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

Guide to hedging within a financing context—for the financing lawyerIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Ruth Marken and Mike Tanner of CMS 15th May
Practice notes

Dealing with hedging arrangements in loan transactions

Dealing with hedging arrangements in loan transactionsBREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an...
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15th May
Practice notes

Brexit—impact on finance transactions

Brexit—impact on finance transactionsThis Practice Note:•explains where to find information on the latest Brexit developments, in particular, those...
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15th May
tag iconSustainable Business Toolkit tag iconBrexit
Practice notes

Derivatives—capacity and authority

Derivatives—capacity and authorityIt is not only banks and financial institutions that enter into derivative transactions. The types of entities...
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15th May
Practice notes

Use of derivatives in a lending context—documentation issues

Use of derivatives in a lending context—documentation issuesBorrowers often hedge against the following risks in the context of a lending...
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15th May
Practice notes

The nature of financial derivatives

The nature of financial derivativesWhat is a derivative?A derivative is a type of financial instrument whose value is based upon the value of an...
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15th May
Practice notes

Use of derivatives to hedge against risk in a lending context

Use of derivatives to hedge against risk in a lending contextCoronavirus (COVID-19): This Practice Note contains information on subjects potentially...
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15th May
Practice notes

Derivatives—ISDA documentation framework

Derivatives—ISDA documentation frameworkThe International Swaps and Derivatives Association, Inc. (ISDA) is an association for participants in the...
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15th May
Practice notes

Types of derivatives

Types of derivativesThe main types of derivatives are:•swaps•forwards •futures, and•optionsThis Practice Note explains the key features of each of the...
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15th May
Practice notes

Guide to hedging within a financing context—the ISDA documents

Guide to hedging within a financing context—the ISDA documentsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Ruth Marken and Jason Brooks of CMS 15th May
Practice notes

Financial derivatives—netting

Financial derivatives—nettingNettingNetting is a contractual arrangement between two parties. Essentially, it means that the parties have agreed that,...
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15th May
Q&As

When entering hedging agreements in relation to a lending transaction, should the legal opinion on those hedging agreements or should a separate opinion be sought?

There are two types of opinions which we refer to in relation to this Q&A:•capacity opinions—this is typically desirable for a Banking and Finance...
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28th Nov

Popular documents

Rescission of a contract

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of

Community order requirements

Community order requirements

Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)

Money Laundering Regulations 2017—simplified due diligence

Money Laundering Regulations 2017—simplified due diligence

You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:

Payment in lieu of notice (PILON)

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure