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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
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
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
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
A 10b-5 letter (also referred to as a 'disclosure letter') is a letter delivered to the underwriters by issuer's and underwriters' counsel in...
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Produced in partnership with Charles Farnsworth of Baker McKenzie and Adam Farlow of Baker McKenzie 12th Jan
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
Coronavirus (COVID-19): The ICC has issued a guidance paper on the impact of COVID-19 on trade finance transactions issued subject to ICC rules. For...
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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
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
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
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
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 provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having...
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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...
Read More >
9th Nov

Most recent Q&As content

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
Q&As
Negative pledgeA negative pledge is a contractual undertaking. In lending transactions, such a clause would typically prevent the borrower from...
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8th Apr
Q&As
SummaryAn ELP has no separate legal personality and this gives rise to a number of complexities that affect the structure of a lending transaction and...
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8th Apr
Q&As
This Q&A discusses the rights of a lender to set off a sum that the lender owes to a borrower (eg a credit balance on a deposit account) against an...
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Produced in partnership with Brian Cain 8th Apr
Q&As
This Q&A describes the steps that a lender should take to ensure that it gets valid security over land held by trustees for a beneficiary.For general...
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Produced in partnership with Brian Cain 8th Apr
Q&As
This Q&A discusses the circumstances where a security holder with security over land may become a mortgagee in possession upon exercising its rights...
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Produced in partnership with Brian Cain 8th Apr
Q&As
SummaryIf a security holder consents in advance to the sale of an asset which is within the scope of the security and the free use of the sale...
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8th Apr
Q&As
SummaryProvided that the other requirements for creating a contract are met, a guarantee can be validly created over (or evidenced by) email, as email...
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Produced in partnership with Albert Sampson 8th Apr
Q&As
This Q&A focuses on the impact the dissolution of a security provider can have on the ability of a security holder to effectively enforce its...
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8th 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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8th Apr
Q&As
We refer you to Practice Note: Guarantor protections and how to exclude them in guarantee documentation—waiver of defences clauses, in particular the...
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8th Apr

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