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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
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
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
In many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in being able to recover...
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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
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
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
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
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
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
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
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
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
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
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
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge...
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9th Nov

Most recent Q&As content

Q&As
Tournier v National Provincial established that it is an implied term of the contract between a banker and a customer that the banker will keep the...
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28th Nov
Q&As
What is a penalty clause?A penalty clause is a liquidated damages clause which the court will not enforce on the basis that the provision is excessive...
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28th Nov
Q&As
Where there is bank funding for an acquisition, our view is that it is market practice for the lender to have relied on any due diligence reports...
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28th Nov
Q&As
This Q&A appears to relate to the use of so-called ‘Big Four clauses’ in contracts which restrict the audited person’s choice of statutory auditor to...
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28th Nov
Q&As
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
Q&As
What are the differences between a 1992 ISDA Master Agreement and a 2002 ISDA Master Agreement?The 2002 ISDA Master Agreement was published to take...
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28th Nov
Q&As
It is important to note initially that there is no statutory requirement for a chargor to notify Companies House that it has either fully or partially...
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28th Nov
Q&As
Crystallisation of floating chargesA floating charge may Crystallize by operation of law or it may Crystallize in accordance with a contract....
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28th Nov
Q&As
It is necessary for a debenture to take the form of a deed in order to ensure that the lender has an legal or equitable mortgage, see the commentary...
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28th Nov
Q&As
Crystallisation of floating chargesA floating charge may Crystallize by operation of law or it may Crystallize in accordance with a contract....
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28th Nov
Q&As
Applying to the court to extend the time for registering the chargeIf a charge is not registered in time the chargor or any person interested in the...
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28th Nov
Q&As
Because we are not privy to the background of this particular situation, and it is not clear if this is a solvent or insolvent liquidation, or what...
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28th Nov
Q&As
What is a retention of title clause?At its simplest, a retention of title clause allows the seller to retain title to goods which it has delivered to...
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28th Nov
Q&As
Capitalised terms used in this Q&A follow the defined terms used in the ISDA Master Agreement.What is an Event of Default?Events of Default are events...
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28th Nov
Q&As
Equitable set-offEquitable set-off arises when two claims are so closely connected that it would be unjust to allow one party to enforce its claim...
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28th Nov
Q&As
What is a promissory note?Under English law, promissory notes are negotiable instruments that represent an unconditional promise by one party to pay...
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28th Nov
Q&As
What are collective action clauses?Collective action clauses (CACS) are provisions contained in the terms and conditions of debt securities...
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28th Nov
Q&As
Who should give a legal opinion?Although opinions are usually given by external law firms who are advising the managers or dealers, the issuer or the...
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28th Nov

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