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Enforcing security

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Latest Banking & Finance News

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 Enforcing security content

Q&As

Can you provide case law on a scenario where an enforcement of security has been challenged by a borrower and the borrower then sued the bank for loss of opportunity?

Can you provide case law on a scenario where an enforcement of security has been challenged by a borrower and the borrower then sued the bank for loss...
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Produced in partnership with James Hall of Gatehouse Chambers 15th Sep
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

The National Security and Investment Act—implications for finance transactions

The National Security and Investment Act—implications for finance transactionsThis Practice Note summarises key provisions of the National Security...
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14th Sep
Practice notes

Enforcement—security over land

Enforcement—security over landSecurity over land can be taken by way of mortgage or charge with the appropriate form often depending on the...
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9th Sep
Practice notes

Enforcement—receivables

Enforcement—receivablesThe term receivables is often used to refer to book debts, although strictly speaking book debts is a narrower term because it...
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9th Sep
Practice notes

Enforcement—goods and chattels

Enforcement—goods and chattelsSummaryThe nature of the asset covered by security often dictates the manner in which it will be realised to produce...
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9th Sep
Practice notes

Enforcement—fixed charges

Enforcement—fixed chargesThis Practice Note considers the enforcement options available to lenders where they hold fixed security. In particular it...
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9th Sep
Practice notes

Getting ready to enforce security

Getting ready to enforce securitySummaryA secured creditor has a variety of remedies available to it to realise value from the security. However, it...
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9th Sep
Q&As

Can a lender take security covering existing loans made as the price for making further funds available to a financially troubled company?

Can a lender take security covering existing loans made as the price for making further funds available to a financially troubled company?This Q&A...
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9th Sep
Q&As

Does an English law debenture created by an English company cover assets outside of England and Wales?

Does an English law debenture created by an English company cover assets outside of England and Wales?This Q&A analyses the general principles that...
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Produced in partnership with Brian Cain 9th Sep
Q&As

Does a debenture or legal charge need to be signed/executed by the lender as well as borrower? If the lender does not have a copy of either document bearing its signature, is the security still valid (assuming, of course, the borrower has executed as a deed)?

Does a debenture or legal charge need to be signed/executed by the lender as well as borrower? If the lender does not have a copy of either document...
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Produced in partnership with James Hall of Gatehouse Chambers 9th Sep
Q&As

Does it matter if you carve some of the assets of a company security provider out of the scope of the security package it is creating?

Does it matter if you carve some of the assets of a company security provider out of the scope of the security package it is creating?Why might a...
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9th Sep
Practice notes

Enforcement—cash deposits

Enforcement—cash depositsSummaryThe nature of the asset covered by the security often dictates the manner in which it will be realised to produce...
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21st Aug
Q&As

A company in voluntary liquidation owns assets charged to a lender and subject to a registered charge. Can the liquidators sell the charged assets without the lender’s consent?

A company in voluntary liquidation owns assets charged to a lender and subject to a registered charge. Can the liquidators sell the charged assets...
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Produced in partnership with Oberon Kwok of Selborne Chambers 18th Aug
Practice notes

Key provisions of the financial collateral regulations

Key provisions of the financial collateral regulationsRationaleThe Financial Collateral Directive was first implemented in the UK under the Financial...
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18th Aug
Q&As

How does the National Security and Investment Act 2021 impact lending transactions?

How does the National Security and Investment Act 2021 impact lending transactions?What does the National Security and Investment Act 2021 do?The aim...
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10th Aug
Practice notes

Roles, powers and duties of administrators, liquidators and receivers

Roles, powers and duties of administrators, liquidators and receiversRoles, powers and duties of administratorsThe core of an administrator's role is...
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10th Aug
Practice notes

Enforcement—debentures and floating charges

Enforcement—debentures and floating chargesWhat is a debenture?In the context of secured lending, the term 'debenture' means a form of security...
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10th Aug
Practice notes

Enforcing share security

Enforcing share securityThis Practice Note summarises:•the different forms of share security•the main enforcement options open to security...
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10th Aug
Q&As

Is an acknowledgement of assignment an enforceable contract? Can the security agent sue the third party providing the acknowledgement for breach of contract if it does not do the things it has confirmed it will in the acknowledgement (even if the language does not state that the third party ‘undertakes’ to do any of the things it has been instructed to do but rather just ‘confirms’)?

Is an acknowledgement of assignment an enforceable contract? Can the security agent sue the third party providing the acknowledgement for breach of...
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10th Aug

Popular documents

Fraud by false representation

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)An arms length management organisation (ALMO) is a not-for-profit company that provides housing services on behalf of a local housing authority (LHA). Usually an ALMO is set up by the LHA to manage and improve all or part of its housing stock with the LHA

Perverting the course of justice

Perverting the course of justice

Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)