Priority of security

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Practice notes
In summary, a market disruption clause sets out how interest is calculated for a loan if a lender’s cost of funding the loan is in excess of London...
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9th Nov
Practice notes
Assignment is a means by which a lender can transfer its interest in a loan to another lender.For an overview of the reasons why a lender might...
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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
This Practice Note lists hot topics (with links to the appropriate materials) that may be of interest to Banking & Finance lawyers. It is updated...
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9th Nov
Practice notes
In many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in being able to recover...
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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
What is a 'capital call facility'?A capital call facility is a form of finance provided by a lender to a fund and typically secured against investors’...
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Produced in partnership with Peter Olds of Cleary, Gottlieb, Steen & Hamilton 12th Jan
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
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
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
Precedents
This Deed is made on [insert day and month] 20[insert year]Parties1[Insert name of Chargor], a company incorporated in England and Wales with...
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9th Nov
Practice notes
This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having...
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9th Nov
Practice notes
This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged...
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Produced in partnership with Carlo de Vito Piscicelli of Cleary Gottlieb Steen & Hamilton 12th Jan

Most recent Priority of security content

Practice notes
Effect of registering security on the UK Ship Register on priority of security interests IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the...
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15th May
Practice notes
Priority between security interests—practical examplesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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15th May
Practice notes
Effect of registering security at Companies House on priority of security interestsRegistration can have an important effect on the priority of...
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15th May
Practice notes
Effect of registration at HM Land Registry or Land Charges Department on priority of security interestsSTOP PRESS—Coronavirus (COVID-19) and...
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15th May
Practice notes
Contractual priority—varying the basic rules on prioritiesCompeting security interests arise when more than one creditor has taken security over the...
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15th May
Practice notes
Tacking further advances to existing securityCreating effective security is the first step in improving a creditor's position. Once that is done, it...
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15th May
Practice notes
Priority between security interestsIn addition to ensuring its security has been validity created and perfected, a secured party will want to ensure...
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15th May
Practice notes
Effect of registering security on priority of securityRegistration can have an important effect on the priority of competing security...
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15th May
Practice notes
Effect of registering security at IP registries on priority of security interests IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of...
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15th May
Practice notes
Effect of registering security on the UK Register of Aircraft Mortgages on priority of security interests IP COMPLETION DAY: 11pm (GMT) on 31 December...
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15th May
Precedents
This Deed is made [insert day and month] 20[insert year]Parties1[insert name of Senior Lender] of [insert address] (the Senior Lender);2[insert name...
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26th Apr
Q&As
The key characteristic of a fixed charge is that the security holder exercises a certain level of control over the charged asset preventing the...
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8th Apr
Q&As
What is a negative pledge?A negative pledge is a contractual undertaking which prohibits or restricts the party granting the undertaking from creating...
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8th Apr
Q&As
What is a bill of sale?A bill of sale is a document that transfers ownership of goods from one person (‘X’) to another (‘Y’) as security for a loan...
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Produced in partnership with Anna Medvinskaia of Gough Square Chambers 8th Apr
Q&As
Late registration of the chargeIf a company or an LLP creates a charge to which the Companies Act 2006, s 859A (CA 2006) applies and the documents...
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15th Feb

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