Assignments by way of security can take different forms and it is important to understand how they are created and their effect. Security over choses...
Subordination is a way of changing the priority of claims against a debtor so that one creditor or group of creditors (the junior creditor(s)) agree...
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...
In many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in being able to recover...
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...
Commodity repurchases (repos) are a common alternative method of financing. There are a number of advantages for both the financier and a commercial...
Shares are commonly offered as security for a loan in commercial lending transactions.Practice Note: Taking security over shares explains how to take...
Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
What is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up Petitions (the Central Registry) is a computerised register of...
SummaryThe nature of the asset covered by the security often dictates the manner in which it will be realised to produce value for the security holder...
Coronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution of documents and company...
STOP PRESS: This Practice Note may be impacted by the coming into force of the Corporate Insolvency and Governance Act 2020 (the CIGA 2020), which was...
The ability of borrowers, members of the borrower group or the sponsor (or affiliates of the sponsor) to buy back loans became a live issue when the...
Formal creditors' committees in formal insolvencies (adminsitration, liquidation, receivership and bankruptcy)Formal creditors' committees are often...
What is a debenture?In the context of secured lending, the term 'debenture' means a form of security agreement that grants security interests over a...
During the term of a facility, the borrower's financial position is likely to fluctuate. Sometimes, its circumstances change to such an extent that it...
This Practice Note provides a map of the financial services exemptions from the provisions for moratorium and restrictions on ipso facto clauses which...
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