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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 Quasi-security content

Q&As
Can a creditor claim in a liquidation where their debt is secured against a third party guarantor's property?A guarantee is an agreement between one...
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1st Aug
Q&As
If a limited liability partnership goes into administration, can a partner set-off a capital account (in credit) against amounts outstanding on an...
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1st Aug
Q&As
Is there anything to prevent a bankrupt from giving a guarantee?Where an individual is an undischarged bankrupt (or a discharged bankrupt subject to a...
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1st Aug
Q&As
Is a guarantee given over email valid?SummaryProvided that the other requirements for creating a contract are met, a guarantee can be validly created...
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Produced in partnership with Albert Sampson 1st Aug
Q&As
Can the beneficiary of a guarantee claim amounts under a guarantee in addition to the amounts owed to it from the principal debtor which have been...
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31st Jul
Q&As
I am acting for a lender who wants to make a demand under a guarantee—what considerations are there before making the demand?Contractual...
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Produced in partnership with Ian Higgins of 3 Verulam Buildings (3VB) 31st Jul
Q&As
When can a guarantor voluntarily revoke its liability under a guarantee?Guarantees are a contractual arrangement where one party (the guarantor)...
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Produced in partnership with Tom Stewart Coats of XXIV Old Buildings 31st Jul
Q&As
What is the banker’s right of set-off?The banker’s right of set-off refers to the right of a bank to combine two or more of a customer’s accounts held...
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Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB) 31st Jul
Q&As
How will guarantees granted by a guarantor in favour of two different creditors rank in priority? Will either take priority over the other or will...
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31st Jul
Q&As
Can you pursue one of several guarantors without affecting the liability of the other guarantors?This Q&A focuses on the rights of a beneficiary of a...
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31st Jul
Q&As
Does The Lending Code apply to a guarantee provided by a company director?What is The Lending Code?The Lending Code is a voluntary code of practice,...
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31st Jul
Q&As
Is an agreement to pay x if y fails to make payment a guarantee or does the word guarantee need to be used? Does it make any practical difference?The...
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Produced in partnership with Emma Horner of 4 Stone Buildings 31st Jul
Q&As
I am reviewing a loan which has a comfort letter supporting it. Does that mean the loan is guaranteed?In short, no, a comfort letter is not the same...
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31st Jul
Q&As
How do I draft a guarantee that is limited in time or expires on a particular date?Is it possible to draft a guarantee limited in time and/or with a...
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Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB) 31st Jul
Q&As
Should the ruling off provisions in a guarantee apply to the account of the principal debtor or the account of the guarantor?Ruling off provisions and...
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31st Jul
Q&As
What is the limitation time in respect of a guarantor’s obligations under a personal guarantee when the principal borrower has defaulted?When a...
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31st Jul
Q&As
What effect does a change of parties to a contract which has been guaranteed have on the guarantee?Where a party to a contract which has been...
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31st Jul

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