US regulatory issues—debt capital markets

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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
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
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 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
This Practice Note explains the features of three common types of loan facility:•overdrafts•term loans, and•revolving credit facilities (RCFs)It also...
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9th Nov
Practice notes
On an acquisition finance transaction, the borrowing group, in addition to the debt (whether loans or bonds) required to fund the transaction, will...
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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
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
Assignment is a means by which a lender can transfer its interest in a loan to another lender.For an overview of the reasons why a lender might...
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9th Nov
Practice notes
There are times when a lender might want to get back some of the money it has lent to a borrower before the borrower is due to repay it.If the...
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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
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
Legal opinions are one of the key documentary conditions precedent in loan transactions. The legal opinion is a letter which sets out opinions as to...
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9th Nov
Precedents
[insert date]To:[insert full name and address of lender]Dear [insert full name of lender]I am a director of [insert full name of borrower] (the...
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9th Nov
Practice notes
Shares are commonly offered as security for a loan in commercial lending transactions.Practice Note: Taking security over shares explains how to take...
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9th Nov

Most recent US regulatory issues—debt capital markets content

Practice notes
This Practice Note provides an overview of Rule 144A and REgulation S under the Securities Act of 1933, as amended (Securities Act). Rule 144A and...
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Produced in partnership with Lloyd Harmetz of Morrison & Foerster LLP 8th Apr
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...
Read More >
Produced in partnership with Charles Farnsworth of Baker McKenzie and Adam Farlow of Baker McKenzie 8th Apr
Practice notes
IntroductionThe US provisions which are most relevant to international issues of debt securities outside the US are:•the exemptions granted under Rule...
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8th Apr
Practice notes
In an offering under Rule 144A (17 CFR 230.144A) or Regulation S (144A/Reg S) under the Securities Act of 1933, as amended (the Securities Act), the...
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Produced in partnership with Lloyd Harmetz of Morrison & Foerster LLP 8th Apr
Practice notes
This Practice Note discusses the parties in a Rule 144A (17 CFR 230.144A)/Regulation S debt offering. These offerings involve a team of...
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Produced in partnership with Lloyd Harmetz of Morrison & Foerster LLP 8th Apr
Practice notes
Rule 144A (17 CFR 230.144A) securities are purchased only by qualified institutional buyers (QIBs), which are typically among the most sophisticated...
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Produced in partnership with Lloyd Harmetz of Morrison & Foerster LLP 8th Apr
Practice notes
Securities and Exchange Commission (SEC)What is the SEC?The SEC was created under the Securities and Exchange Act of 1934. This Act also amended and...
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1st Mar
Practice notes
STOP PRESS: The Financial Choice Act, which was passed in US House of Representatives on June 2017 seeks in large part to undo many of the restrictive...
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1st Mar
Practice notes
Introduction to US financial services regulationThe financial services industry in the US is heavily regulated by a myriad of different regulators at...
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1st Mar
Practice notes
Certain foreign companies that issue securities, or desire a secondary public trading market for their securities, in the United States face different...
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Produced in partnership with Jonathan Guest of McCarter & English LLP 1st Mar
Practice notes
BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the...
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Produced in partnership with Dwight Smith of Covington & Burling LLP 1st Mar
Practice notes
State securities regulatorsApart from the Securities and Exchange Commission (SEC), which is an independent government agency charged with...
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1st Mar

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