Banking and finance for corporate lawyers

Banking and finance for corporate lawyers guidance:

One of the features used to categorise loans is the number of lenders involved. A loan involving one lender is known as a 'bilateral loan'. A loan involving more than one...

Practice Note

COMPANY NUMBER: [insert company number] [insert company name] [LIMITED OR PLC] Minutes of a meeting of the board of directors (the Meeting) of [insert full name of...

Precedents

Comfort letters are encountered in finance transactions relatively often. They take different forms and it is important from both the lender's perspective and the...

Practice Note

Competing security interests arise when more than one creditor has taken security over the same asset or group of assets. Determining the order of priority between those...

Practice Note

This Deed is made on [insert day and month] 20[insert year] Parties 1 [insert name of Lender], a company incorporated in England and Wales with registered number [insert...

Precedents

There are four main types of security available under English law: • mortgage • charge • pledge, and • lien This Practice Note explains: • the nature of a charge...

Practice Note

Guarantees are typically used in banking transactions as a form of collateral for a debt. For information on the characteristics of guarantees, see Practice Note:...

Practice Note

Guarantees are typically used in banking transactions as a form of collateral for a debt. In such circumstances, they are a contractual arrangement where one party (the...

Practice Note

Once the capacity and authority of a company to enter into a guarantee have been investigated, the next step is to consider the commercial (or corporate) benefit of...

Practice Note

Debentures are used in many types of financing where it is desirable to take security over all of the assets of a particular entity. They are a form of umbrella document,...

Practice Note

[ON HEADED NOTEPAPER OF CHARGEE] [insert the name and address of the buyer/ second lender] [insert date] Dear [insert organisation name], [Debenture OR Floating Charge]...

Precedents

This Practice Note explains the features of three common types of loan facility: • overdrafts • term loans, and • revolving credit facilities (RCFs) It also considers the...

Practice Note

Why is it necessary to perfect security? When a creditor takes security, it will be concerned with three issues: • whether the security is binding on the security...

Practice Note

In addition to ensuring its security has been validity created and perfected, a secured party will want to ensure its security ranks as it expects against any other...

Practice Note

BREXIT IMPACT: The law as set out in this Practice Note may be affected by Brexit. For further details on the potential impact of Brexit, see Impact of Brexit on overseas...

Practice Note

A lender's primary concern is that it is repaid. If a borrower becomes insolvent, the lender may have to share the borrower's available assets with other creditors and...

Practice Note

This Practice Note provides a basic introduction to security and covers the following: • what is security • why do lenders take security • who can provide security • what...

Practice Note

This Practice Note discusses the usual components of a bilateral, committed facility agreement to a corporate borrower. It also assumes there is only one facility, though...

Practice Note

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 that their debt will...

Practice Note

This Practice Note considers: • the nature of term sheets • the circumstances in which term sheets are used • the legal status of term sheets • key issues in negotiating...

Practice Note

This Practice Note provides introductory information on term sheets in lending transactions. It discusses: • what a term sheet is • the circumstances in which term sheets...

Practice Note

The extent of an in-house counsel’s involvement in a lending transaction will be dictated by the ambit of their role and to a large extent by the complexity of the...

Practice Note

A lender's primary concern is that it is repaid. Even if a lender obtains a judgment for payment of the sum owed to it by its borrower, this does not mean that a lender...

Practice Note

There are five main types of set-off: • independent set-off (sometimes known as legal set-off or statutory set-off) • transaction set-off (also known as equitable...

Practice Note

Company number: [insert number] The companies act 2006 Private company limited by SHARES Written resolution[s] OF [insert company name] Limited (the Company) Circulated...

Precedents