Where the mortgage is created by charge1 by deed expressed to be by way of legal mortgage, the mortgagee2 has the same statutory power of sale as if the mortgage were by demise3. There is in this case, however, no term which requires to be merged in the freehold or leasehold reversion, and it is provided that the conveyance by the mortgagee is to operate, as in the case of a mortgage by demise, to vest in the purchaser the fee simple or the lease, and the legal charge is extinguished
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This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
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