Guarantees

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Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert full name of borrower]1We refer to...
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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
Introduction to fund finance—capital call facilitiesThis Practice Note discusses:•what is meant by capital call facilities, NAV, or asset backed...
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Produced in partnership with Leon Stephenson of Reed Smith 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
Perfecting securityIP 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
Synthetic securitisationsWhat is a securitisation?Securitisation is a technique used to finance the ownership or sale of types of assets that would...
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19th May
Practice notes
Bilateral, syndicated and club arrangementsOne of the features used to categorise loans is the number of lenders involved. A loan involving one lender...
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19th May
Practice notes
Pre-export finance—key terms in the facility agreementPre-export finance (PXF) is an established structure used to provide finance to producers of...
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Produced in partnership with Dentons 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
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
Precedents
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year]Parties1[Insert name of Guarantor], a company incorporated in...
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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
Precedents
[TO BE PRINTED ON THE HEADED PAPER OF THE LENDER][insert name and address of borrower][insert date]Dear [insert full name of borrower]We offer to...
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19th May
Practice notes
Loan Market Association (LMA)—news on documentation [Archived]This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA...
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19th May
Practice notes
Crystallisation of floating chargesThe key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the...
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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

Most recent Guarantees content

Practice notes
Third party securityCoronavirus (COVID-19): The Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan Scheme (CBILS) and Coronavirus...
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9th Sep
Q&As
Is there any authority or guidance on whether a solicitor from within the same firm can give sufficiently independent advice for the purposes of...
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7th Sep
Precedents
Guarantee and indemnity: individual guarantor—bilateral—specific moniesWarning to the Guarantor: before you sign this guarantee, you should seek...
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1st Sep
Precedents
Guarantee and indemnity: individual director guarantor—bilateral—specific moniesWarning to the GUARANTOR: before you sign this guarantee, you should...
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1st Sep
Precedents
Guarantee and indemnity: single company guarantor—bilateral—all moniesThis Deed of guarantee and indemnity is made on [insert day and month] 20[insert...
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1st Sep
Precedents
Guarantee and indemnity: single company guarantor—bilateral—specific moniesThis Deed of guarantee and indemnity is made on [insert day and month]...
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1st Sep
Practice notes
Key issues in taking a guarantee from an individualCoronavirus (COVID-19):•The Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan...
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31st Aug
Precedents
Independent legal advice letter (Etridge letter) to be given by a solicitor: for use where a home is charged to secure a loanDear [insert name of...
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26th Aug
Practice notes
Taking a guarantee or third party security from an individual—undue influenceGuarantees (see Practice Note: Guarantees) and third party security (see...
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26th Aug
Q&As
Does section 233B of the Insolvency Act 1986 prevent a supplier from calling on a parent company guarantee (or other security) which is triggered by...
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Produced in partnership with Ryan Hocking of Gatehouse Chambers 11th Aug
Precedents
Demand letter—guarantor[To be printed on headed notepaper of the lender making demand]To: [Insert name of individual and/or position][insert name of...
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10th Aug
Precedents
Board minutes for the approval or ratification of a company’s entry into a guarantee and indemnityCOMPANY NUMBER: [insert company number][insert...
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10th Aug
Precedents
Guarantee and indemnity: individual guarantor—bilateral—all moniesWarning to the GUARANTOR: before you sign this guarantee, you should seek...
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10th Aug
Precedents
Written resolutions of the members of a private company approving a guarantee for a loanCompany number: [insert number]The companies act 2006Private...
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10th Aug
Precedents
Confirmation of guarantee on variation of underlying facility agreement (bilateral)[To be printed on the headed paper of the Guarantor][insert...
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10th Aug
Precedents
Guarantee and indemnity: individual director guarantor—bilateral—all moniesWarning to the GUARANTOR: Before you sign this guarantee, you should seek...
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10th Aug
Precedents
Guarantee and indemnity: cross guarantee from group companies—bilateral—all moniesThis Deed of guarantee and indemnity is made on [insert day and...
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10th Aug
Practice notes
Guarantees—key casesThis Practice Note sets out certain key cases and associated relevant content in relation to guarantees. The cases are divided by...
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10th Aug
Practice notes
Discharging guarantees by repayment or performance and clawback considerationsThere are a number of circumstances in which the liability of a...
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10th Aug

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