Security in project finance transactions

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Security in project finance transactions guidance:

Comfort letters are encountered in finance transactions relatively often. They take different forms and it is important from both the lender's perspective and the...

Practice Note

Competing security interests arise when more than one creditor has taken security over the same asset or group of assets. Determining the order of priority between those...

Practice Note

[To be printed on the headed paper of the entity submitting the form mr01] [insert date] To: [Companies House Crown Way Cardiff Wales CF14 3UZ [DX 33050 Cardiff] OR The...

Precedents

What is a direct agreement? Direct agreements are very common in project finance transactions. A direct agreement is an agreement which gives the lenders to the project...

Practice Note

Registration can have an important effect on the priority of competing security interests. Broadly speaking, there are two different systems for registration of security...

Practice Note

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 broad range of the...

Practice Note

This Practice Note considers the enforcement options available to lenders where they hold fixed security. In particular it covers: • the options available when taking...

Practice Note

Security over land can be taken by way of mortgage or charge with the appropriate form often depending on the significance of the land to the borrower's business or the...

Practice Note

This Practice Note summarises: • the different forms of share security • the main enforcement options open to security takers • practical considerations for security...

Practice Note

Click here to download the latest Loans & Secured Financing 2020 report, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are...

Practice Note

Click here to download the latest Project Finance 2020 report, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are covered in...

Practice Note

Guarantees are typically used in banking transactions as a form of collateral for a debt. In such circumstances, they are a contractual arrangement where one party (the...

Practice Note

The scope of this Practice Note This Practice Note explains how to register a charge at Companies House where the charge was created on or after 6 April 2013 by: • a...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Notice of assignment [To be printed on the headed notepaper of the assignor] To: [insert name and address of the relevant contract counterparty] Date: [•] Dear [insert...

Precedents

Notice of assignment [To be printed on the headed notepaper of the assignor] To: [insert name and address of the relevant insurer] Date: [•] Dear [insert organisation...

Precedents

Different regimes imposed on overseas companies regarding registering security at Companies House The regime for registering charges created by overseas companies over...

Practice Note

This Practice Note examines parent company guarantees (PCGs) from a construction perspective. They have many other uses including banking and commercial leases. Many of...

Practice Note

Once security is validly created it is binding as between the security provider and the secured party. However, the security is not necessarily binding on third parties...

Practice Note

The table below summarises the steps which must be taken in respect of security granted by a UK company over certain types of assets in order to perfect the security....

Practice Note

The purpose of this Practice Note is to compare performance bonds with parent company guarantees (PCGs). This is important because these are commonly sought in...

Practice Note

In addition to ensuring its security has been validity created and perfected, a secured party will want to ensure its security ranks as it expects against any other...

Practice Note

This Practice Note sets out examples of how the rules on priority could work in practice with reference to the relevant priority rules under English law. It complements...

Practice Note

PROJECT DETAILS PROJECT NAME: [insert name of project] CLIENT: [insert name of client] [Insert name of firm] PROJECT LEAD: [insert name of client/lead partner] PROJECT...

Precedents

Introduction This Practice Note provides a list of the key documents typically seen on financial completion of an onshore wind farm or large scale ground mounted...

Practice Note

Introduction This Practice Note provides a list of the key documents typically seen on financial completion of a merchant waste to energy project, with a brief...

Practice Note

This Practice Note considers retention of title clauses, also known as reservation of title, ROT or Romalpa clauses. It considers the uses and limitations of retention of...

Practice Note

Principles of security in project financing Project finance is a type of secured lending. Some of the reasons for taking security in a project finance transaction reflect...

Practice Note

Cash is commonly offered as security for a loan. In commercial lending transactions cash may be offered as security: • as part of a package of security over the whole of...

Practice Note

Contractual rights are a type of chose in action, ie something that is recoverable by legal action as opposed to something that is physically possessed. Security over...

Practice Note