Enforcing security

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Practice notes
Summary of advantages and disadvantages of the floating chargeThis Practice Note discusses the advantages and disadvantages of taking a floating as...
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9th Nov
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
Sub-participation is a means by which a lender can transfer its risk in a loan to another lender. For an overview of the reasons why a lender might...
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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
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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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
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
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
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
What is a direct agreement?Direct agreements are very common in project finance transactions. A direct agreement is an agreement which gives the...
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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
Development of the Loan Market Association (LMA) documentationThe project to develop the LMA investment grade documents began in 1998 as a response to...
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9th Nov
Practice notes
There are four main types of security available under English law: •mortgage•charge•pledge, and•lienThis Practice Note explains:•the nature of a...
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9th Nov
Practice notes
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge...
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9th Nov

Most recent Enforcing security content

Practice notes
This Practice Note sets out certain key cases and associated relevant content in relation to acceleration of debt and enforcement of security. The...
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28th Apr
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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27th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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26th Apr
Q&As
Where the proposed security is a legal charge over specific propertyIn general terms, a legal charge can be granted by a borrower by deed executed by...
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Produced in partnership with James Hall of Hardwicke Chambers 16th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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14th Apr
Practice notes
Security over land can be taken by way of mortgage or charge with the appropriate form often depending on the significance of the land to the...
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8th Apr
Practice notes
This Practice Note considers the enforcement options available to lenders where they hold fixed security. In particular it covers:•the options...
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8th Apr
Practice notes
Roles, powers and duties of administratorsThe core of an administrator's role is to achieve one of the three purposes of the administration set out in...
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8th Apr
Practice notes
SummaryThe nature of the asset covered by security often dictates the manner in which it will be realised to produce value for the security holder...
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8th Apr
Practice notes
SummaryA secured creditor has a variety of remedies available to it to realise value from the security. However, it is prudent for any secured...
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8th Apr
Practice notes
The term receivables is often used to refer to book debts, although strictly speaking book debts is a narrower term because it refers to 'debts...
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8th Apr
Q&As
Creating the securityThere are two elements to this Q&A. Firstly, can the director create security over the shares and loan notes they own in/from the...
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Produced in partnership with Brian Cain 8th Apr
Q&As
Negative pledgeA negative pledge is a contractual undertaking. In lending transactions, such a clause would typically prevent the borrower from...
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8th Apr
Q&As
This Q&A discusses the rights of a lender to set off a sum that the lender owes to a borrower (eg a credit balance on a deposit account) against an...
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Produced in partnership with Brian Cain 8th Apr
Q&As
This Q&A discusses the circumstances where a security holder with security over land may become a mortgagee in possession upon exercising its rights...
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Produced in partnership with Brian Cain 8th Apr
Q&As
This Q&A focuses on the impact the dissolution of a security provider can have on the ability of a security holder to effectively enforce its...
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8th Apr
Q&As
There appears to be no reported case where, in this sort of scenario, the borrower has succeeded in suing the bank (for examples of failed attempts to...
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Produced in partnership with James Hall of Hardwicke Chambers 8th Apr
Q&As
This Q&A considers the issues that a lender faces if it requests new security for both new and existing loans as a condition to the advance of further...
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8th Apr

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