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Practice notes
What are they?A bridge to bond facility is a type of acquisition financing where the buyer requires the certainty of a fully committed financing...
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Produced in partnership with Cleary Gottlieb and Ian Chin of Morrison & Foerster 12th Jan
Practice notes
Novation is a means by which a lender can transfer its interest in a loan to another lender.This Practice Note looks at what is meant by novation...
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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
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
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
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
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
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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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...
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9th Nov
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
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal...
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9th Nov
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
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
This Q&A discusses whether or not a clause in a contract between A and B that prohibits B from assigning the contract (ie a non-assignment clause) is...
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Produced in partnership with Brian Cain 8th Apr
Q&As
Nature of the houseboatThe type of security that may be taken will depend on the nature of the particular houseboat (ie whether it is considered a...
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8th Apr
Q&As
This Q&A considers the issues that a lender faces if it requests new security for both new and existing loans as a condition to the advance of further...
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8th Apr
Q&As
This Q&A explains when it is necessary to analyse whether an obligor in a banking transaction is receiving a commercial benefit (also called a...
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Produced in partnership with Brian Cain 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...
Read More >
8th Apr
Q&As
SummaryThe European Commission’s proposal for a Regulation on the law applicable to the third-party effects of assignments (the Proposal) published on...
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Produced in partnership with Brian Cain 8th Apr
Q&As
This Q&A discusses the factors a lender will need to consider if it is asked to waive an event of default under a loan agreement.The following...
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Produced in partnership with Brian Cain 8th Apr
Q&As
This Q&A analyses the general principles that apply in determining whether security created by an English company pursuant to a typical English law...
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Produced in partnership with Brian Cain 8th Apr
Q&As
SummaryA member of a limited liability partnership (LLP) may create a security interest in favour of a lender over its rights in the relevant LLP....
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8th Apr
Q&As
SummaryInsofar as the reference to residential property 'owned by a director' indicates that the borrower is an incorporated entity, the short answer...
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Produced in partnership with Thomas Samuels of Gough Square Chambers 8th Apr
Q&As
The use of the word 'guarantee' is not determinative as to whether a contract of suretyship is indeed a contract of guarantee. The Court of Appeal...
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Produced in partnership with Emma Horner of 4 Stone Buildings 8th Apr
Q&As
Is it possible to draft a guarantee limited in time and/or with a specific expiry date?A creditor and a guarantor are free to agree that a guarantee...
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Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB) 8th Apr
Q&As
Contractual requirementsThe first and most obvious task is to check the provisions of the guarantee. Depending on the drafting of the guarantee, a...
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Produced in partnership with Ian Higgins of 3 Verulam Buildings (3VB) 8th Apr
Q&As
This Q&A relates to the consequence of a change or modification to the property over which a fixed charge has been taken. There are both practical and...
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Produced in partnership with Thomas Samuels of Gough Square Chambers 8th Apr
Q&As
There are many reasons why it might be necessary to amend a security document—for example the description of the liabilities secured by the document...
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8th Apr
Q&As
Where a party to a contract which has been guaranteed is being replaced by another party, and the party being replaced is the beneficiary of the...
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8th Apr
Q&As
Why might a secured party want a floating charge to qualify as a financial collateral arrangement?Where a charge qualifies as a 'security financial...
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8th Apr
Q&As
Ruling off provisions and the rule in Clayton's caseClause 19 of the Precedent: Guarantee and indemnity: single company guarantor—bilateral—all monies...
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8th Apr

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