Initial analysis in restructurings

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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 Initial analysis in restructurings content

Practice notes
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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23rd Sep
Q&As
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
Q&As
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 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
Practice notes
Antecedent transaction claims by an office-holder in liquidation or administrationGeneral duty of liquidators and administrators where there has been...
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7th Sep
Practice notes
Common financial covenantsThis Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum...
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7th Sep
Practice notes
Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
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3rd Sep
Practice notes
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
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18th Aug
Practice notes
What do insolvency searches at Companies House reveal?What is Companies House?Companies House is a registry of corporate information. It falls under...
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18th Aug
Practice notes
What do insolvency searches at The Gazette reveal?What is The Gazette?The Gazette provides a permanent official public record of important statutory...
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18th Aug
Precedents
Demand letter—borrower[To be printed on headed notepaper of the lender making demand]To: [Insert name of individual and/or position][insert name of...
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10th Aug
Precedents
Demand letter—guarantor[To be printed on headed notepaper of the lender making demand]To: [Insert name of individual and/or position][insert name of...
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10th Aug
Precedents
Security review reportPrepared in relation to [name of borrower] (a limited company registered in England and Wales with company number [company...
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10th Aug
Practice notes
Key elements of confidentiality agreements—restructuring & insolvencyWhen restructuring is being considered, the company must ensure that relevant...
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10th Aug
Practice notes
Restructuring—initial stepsStop pressThis content is affected by the proposed changes to UK insolvency laws as a result of the coronavirus (COVID-19)...
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10th Aug
Practice notes
Benefits of informal restructuring over formal proceedingsEntry conditionsFor informal restructuring to be an option (as opposed to a restructuring...
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10th Aug
Q&As
I am doing a document review and one of the security documents has not been registered at Companies House. What are the consequences of this and what...
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10th Aug
Q&As
I noticed my client's security document was amended under hand not by deed. Is the amendment effective?There are many reasons why it might be...
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10th Aug
Q&As
Is there any use in practice of a charge that is registrable at Companies House but has not been registered, ie does it confer any benefit at all on a...
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Produced in partnership with Peter Susman of Henderson Chambers 10th Aug

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