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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
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
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
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
This Practice Note explains the features of three common types of loan facility:•overdrafts•term loans, and•revolving credit facilities (RCFs)It also...
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9th Nov
Practice notes
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
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
This Practice Note considers the costs that a lender operating in the interbank market will incur when providing funding to a borrower and the steps...
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9th Nov
Practice notes
This Practice Note lists hot topics (with links to the appropriate materials) that may be of interest to Banking & Finance lawyers. It is updated...
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9th Nov
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
In summary, a market disruption clause sets out how interest is calculated for a loan if a lender’s cost of funding the loan is in excess of London...
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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
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
Precedents
[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...
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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

Most recent Q&As content

Q&As
Formalities for a deedThe following are the necessary requirements for a deed:•it must be in writing•it must make it clear that it is intended to be a...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 12th Apr
Q&As
Executing documents properly when one or more parties to a contract are not physically present is sometimes known as virtual signing or virtual...
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9th Apr
Q&As
SummaryA lender would be prudent to insist that representations and undertakings relating to obligors’ centre of main interest (COMI) remain in a...
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9th Apr
Q&As
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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9th Apr
Q&As
This Q&A has been drafted assuming the following:•the question is asked in the light of the ongoing coronavirus (COVID-19) crisis•the statutory...
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Produced in partnership with Phillip Patterson of Hardwicke Chambers 8th Apr
Q&As
Statutory declarations are a necessary part of insolvency proceedings, most commonly where a company enters members’ voluntary liquidation (MVL) (see...
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Produced in partnership with Philip Patterson of Hardwicke Chambers 8th Apr
Q&As
The principle at law is that all creditors will rank equally (or pari passu) unless the parties have agreed otherwise. Practice Note: Order of...
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8th Apr
Q&As
A security trustee will normally be appointed on a syndicated transaction to hold security on behalf of all the lenders from time to time. This avoids...
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8th Apr
Q&As
Limited partnerships—general informationFor information on limited partnerships generally, see Practice Note: The nature of a limited partnership and...
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8th Apr
Q&As
Guarantees are a contractual arrangement where one party (the guarantor) agrees to answer for the liability of another party (the principal or...
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Produced in partnership with Tom Stewart Coats of XXIV Old Buildings 8th Apr
Q&As
When a limitation period starts to run, and for how long, in the case of a claim under a guarantee, will depend on how the guarantee is executed and...
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8th Apr
Q&As
Further education activitiesA corporation carrying out further education activities may take the following legal forms:•a statutory ‘further education...
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8th Apr
Q&As
SummaryA corporation formed under a public Act that is not a registered or unregistered company under the Companies Act 2006 (CA 2006) is known as a...
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8th Apr
Q&As
Creating the securityThere are two elements to this Q&A. Firstly, can the director create security over the shares and loan notes they own in/from the...
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Produced in partnership with Brian Cain 8th Apr
Q&As
Why are material adverse change (MAC) clauses in the spotlight?The coronavirus (COVID-19) outbreak has already caused some businesses to fail and...
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8th Apr

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