Enforcing security

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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 Enforcing security content

Practice notes
The National Security and Investment Act—implications for finance transactionsThis Practice Note summarises key provisions of the National Security...
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21st Sep
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...
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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?This Q&A discusses the rights...
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Produced in partnership with Brian Cain 15th Sep
Practice notes
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—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 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 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 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?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?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...
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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?Why might a...
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9th Sep
Practice notes
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...
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Produced in partnership with Oberon Kwok of Selborne Chambers 18th Aug
Practice notes
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?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 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 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 securityThis Practice Note summarises:•the different forms of share security•the main enforcement options open to security...
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10th Aug

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