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Practice notes
Exchange traded derivativesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
Events of defaultThis Practice Note considers:•the purpose of events of default included in facility agreements•common events of default relating to...
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19th May
Practice notes
How is a mortgage created?A mortgage is one of the four types of security recognised under English law and described in Types of security.This...
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19th May
Practice notes
Key issues in loan transfers 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...
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19th May
Precedents
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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19th May
Practice notes
Loan Market Association (LMA) leveraged documentationDevelopment of the Loan Market Association (LMA) documentationThe project to develop the LMA...
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19th May
Practice notes
European PIK loan facilitiesThis Practice Note provides information on European PIK loan facilities (PIK facilities). It discusses:•the key features...
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Produced in partnership with Susan Whitehead, Consultant at Hogan Lovells and Penny Angell, Partner at Hogan Lovells 19th May
Practice notes
Increased costsThis Practice Note considers the costs that a lender will incur when providing funding to a borrower and the steps that it will take...
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19th May
Practice notes
Derivatives—ISDA documentation frameworkThe International Swaps and Derivatives Association, Inc. (ISDA) is an association for participants in the...
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19th May
Practice notes
Transferring a loan by equitable assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an...
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19th May
Practice notes
The facility agentThis Practice Note covers the duties and role of the facility agent (defined in the Loan Market Association (LMA) documentation as...
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19th May
Practice notes
Borrowing base facilities—structure, key terms and risksWhat is a borrowing base facility?Borrowing base facilities ('BB Facilities') are a type of...
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Produced in partnership with Dentons 19th May
Practice notes
Borrowing base facilities—key terms in the facility agreementA borrowing base facility ('BB Facility') is a working capital line designed to provide...
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Produced in partnership with Dentons 19th May
Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert name of borrower],We are pleased to...
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19th May
Practice notes
Third party securityIn many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in...
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19th May
Practice notes
Direct agreements in project finance transactionsWhat is a direct agreement?Direct agreements are very common in project finance transactions. A...
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19th May

Most recent Q&As content

Q&As
Is there any benefit in requiring a borrower to add a representation as to its centre of main interests (COMI) in loan agreements post IP completion...
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27th Jul
Q&As
Are COMI undertakings and representations still relevant if all borrowers and guarantors under a facility agreement are English companies?SummaryA...
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27th Jul
Q&As
What is the impact of Brexit on international transfers of personal data?This Q&A looks at the impact of Brexit on cross-border transfers of personal...
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25th Jul
Q&As
Is a smart contract enforceable where it has been executed automatically?What is a smart contract and how might it be used?Smart contracts are...
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25th Jul
Q&As
Where a supplier exercises a retention of title clause against a buyer of its goods, must the supplier account to the buyer for any difference between...
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Produced in partnership with Tim Herbert of Ignition Law 22nd Jul
Q&As
Is it possible to take a statutory declaration by Skype video or similar technology?Statutory declarations are a necessary part of insolvency...
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Produced in partnership with Philip Patterson of Hardwicke Chambers 9th Jul
Practice notes
LIBOR transition—FAQs and glossaryThis Practice Note is intended as an introductory guide to LIBOR transition. It aims to answer some of the most...
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8th Jul
Q&As
What are the options for emergency equity fundraisings for listed companies in light of the coronavirus (COVID-19) pandemic?With the coronavirus...
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7th Jul
Q&As
Does the definition of 'associate' extend to an individual for the purposes of the compulsory squeeze-out provisions in CA 2006, ss 974–982?Your...
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7th Jul
Q&As
What are unitranche facilities?What is a unitranche facility?Leveraged finance transactions are traditionally funded by a mixture of equity, senior...
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2nd Jul
Q&As
How does the National Security and Investment Act 2021 impact lending transactions?What does the National Security and Investment Act 2021 do?The aim...
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2nd Jul
Q&As
The borrower made a statement which turned out not to be true—what remedies might be available to me as lender?The remedies available to a lender will...
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Produced in partnership with Ian Higgins of 3 Verulam Buildings (3VB) 2nd Jul
Q&As
Execution of deeds by corporations formed under public ActsSummaryA corporation formed under a public Act that is not a registered or unregistered...
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2nd Jul
Q&As
How does a company remove a charge from the charges register at Companies House that has already been released if the beneficiary of the charge is a...
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1st Jul
Q&As
What is the sifting process for Brexit legislation?Under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), before certain proposed statutory...
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28th Jun

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