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Types of quasi-security

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End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Banking and Finance weekly highlights—16 September 2021

Banking and Finance weekly highlights—16 September 2021

The following Banking & Finance news provides comprehensive and up to date legal information on Banking and Finance weekly highlights—16 September 2021

DWP consultation on improving the notifiable events regime—increasing the powers of TPR through regulations

DWP consultation on improving the notifiable events regime—increasing the powers of TPR through regulations

The following Banking & Finance news provides comprehensive and up to date legal information on DWP consultation on improving the notifiable events regime—increasing the powers of TPR through regulations

Unsuccessful application for an order declaring an administrator’s appointment invalid (Galer v Mond)

Unsuccessful application for an order declaring an administrator’s appointment invalid (Galer v Mond)

The following Banking & Finance news provides comprehensive and up to date legal information on Unsuccessful application for an order declaring an administrator’s appointment invalid (Galer v Mond)

Featured Banking & Finance content

Negative pledges

Negative pledges

Negative pledgesThis Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative...

Floating charges

Floating charges

Floating chargesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following...

Bills of exchange—structure and parties

Bills of exchange—structure and parties

Bills of exchange—structure and partiesBills of exchange are negotiable instruments that represent an unconditional promise by one party to pay...

Loan Market Association (LMA) leveraged documentation

Loan Market Association (LMA) leveraged documentation

Loan Market Association (LMA) leveraged documentationDevelopment of the Loan Market Association (LMA) documentationThe project to develop the LMA...

Precedents

Reservation of rights letter: breach of bilateral facility agreement

[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 facilities

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 facilities

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 costs

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 security

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 securitisations

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 arrangements

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 agreement

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 framework

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 agent

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

Guarantee and indemnity: cross guarantee from group companies—bilateral—all monies

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 assignment

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

Facility letter (term loan): single company borrower—bilateral—unsecured

[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]

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 charges

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

Overdraft facility letter: single company borrower—bilateral—with or without a guarantee

[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 Types of quasi-security content

Q&As

Can a lender set off an unmatured liability of its borrower against a credit balance on the borrower’s deposit account?

Can a lender set off an unmatured liability of its borrower against a credit balance on the borrower’s deposit account?This Q&A discusses the rights...
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Produced in partnership with Brian Cain 15th Sep
Practice notes

What is set-off and when is it available?

What is set-off and when is it available?Set-off is a complex yet important concept in legal proceedings generally and for many different types of...
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9th Sep
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Practice notes

Retention of title

Retention of titleThis Practice Note considers retention of title clauses, also known as reservation of title, ROT or Romalpa clauses. It considers...
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11th Aug
tag iconIn-house
Practice notes

On demand guarantees and bonds

On demand guarantees and bondsCoronavirus (COVID-19): The ICC has issued a guidance paper on the impact of COVID-19 on trade finance transactions...
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10th Aug
Practice notes

Negative pledges

Negative pledgesThis Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative...
Read More >
10th Aug
tag iconIn-house
Practice notes

Netting

NettingIn finance transactions, the terms 'netting' and 'set-off' are sometimes used interchangeably even though they are not the same thing. The...
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10th Aug
Practice notes

Guarantees

GuaranteesGuarantees are typically used in banking transactions as a form of collateral for a debt. In such circumstances, they are a contractual...
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10th Aug
Practice notes

Characteristics of standby letters of credit

Characteristics of standby letters of creditStandby letters of credit are a type of letter of credit.The common feature of all letters of credit is an...
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10th Aug
Practice notes

Comfort letters

Comfort lettersComfort letters are encountered in finance transactions relatively often. They take different forms and it is important from both the...
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30th Jul
Practice notes

Difference between security and quasi-security

Difference between security and quasi-securityThe terms security and quasi-security are frequently used in relation to finance transactions. This...
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30th Jul

Popular documents

Indirect discrimination

Indirect discrimination

Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law

ECHR, art 5(4)—rights and duties

ECHR, art 5(4)—rights and duties

ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for commercial property transactions:•CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions•CPSE.2 (version 3.4)

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and