Priority of 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 Priority of security content

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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4th Sep
Precedents
Deed of priority: single company borrower—single senior secured lender—single junior secured lenderThis Deed is made [insert day and month] 20[insert...
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10th Aug
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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10th Aug
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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10th Aug
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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10th Aug
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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10th Aug
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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10th Aug
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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10th Aug
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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10th Aug
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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10th Aug
Q&As
What are the priority rules as regards bills of sale over the same chattel?What is a bill of sale?A bill of sale is a document that transfers...
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Produced in partnership with Anna Medvinskaia of Gough Square Chambers 10th Aug
Q&As
What are the consequences of taking or granting security in breach of a negative pledge?What is a negative pledge?A negative pledge is a contractual...
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10th Aug
Q&As
What is the position as to priority where a fixed charge has been registered late at Companies House? Will a fixed charge rank in priority if it is...
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10th Aug
Q&As
Can you give upfront consent or set certain criteria in advance for the release of assets from a fixed charge without compromising that fixed...
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31st Jul
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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30th Jul

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