Osborne Clarke

Experts

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Contributions by Osborne Clarke

1

Incremental debt flexibility or accordion features
Practice notes

This Practice Note looks at accordion, or incremental debt features in facilities agreements. It discusses what they are, how they are used in deal structures, recent trends and key features including yield caps, most favoured nation clauses and their effect on existing security.

Contributions by Osborne Clarke Experts

8

A guide to sustainable public procurement
Practice notes

This Practice Note is a guide to the implementation of sustainable procurement under Directive 2014/24/EU and the Public Contracts Regulations 2015. It identifies the main ways in which this can be achieved, such as the application of labels to technical specifications and sustainability assessments during selection and award. It also considers the use of performance requirements as a way to include environmental and social considerations.

Abnormally low tenders
Practice notes

This Practice Note considers the concerns raised when an abnormally low tender is submitted to a contracting authority, and their subsequent duty to investigate it. It highlights key cases in this area, that help to identify if an abnormally low tender has been submitted. In further detail it discuses the contracting authorities duty to the low bidder and also the other tenderers that could be effected by the low bid.

Amending performance conditions in share plans
Practice notes

This Practice Note examines the implications of waiving or amending performance conditions in respect of subsisting share options and awards including those granted under tax-advantaged share plans such as enterprise management incentives (EMI) schemes, save as you earn (SAYE) schemes, company share option plans (CSOPs) and share incentive plans (SIPs). It looks at both the potential tax consequences in relation to tax advantaged plans of amending performance conditions of subsisting share options and awards as well as the contractual issues [which can arise in relation to all types of awards].

Amending subsisting tax-advantaged share option plans
Practice notes

This Practice Note examines the implications of amending subsisting tax-advantaged share plans such as enterprise management incentives (EMI) schemes, save as you earn (SAYE) schemes and company share option plans (CSOPs). This Practice Note is written in partnership with Michael Carter and Dan Sharman of Osborne Clarke LLP.

Project financing and refinancing renewables projects supported by the Renewables Obligation (RO) scheme: key Facility Agreement provisions specific to this type of project
Practice notes

This Practice Note provides a summary of the key energy specific provisions typically seen in facility agreements for the project financing of Renewables Obligation (RO) supported renewables projects (such as an onshore wind facility agreement, offshore wind facility, solar facility agreement and fuelled renewables facility agreements). It includes coverage of key facility agreement issues specific to projects of this type, including conditions precedent, representations and covenants, events of default, and interface with direct agreements.

Structure of a buy-out
Practice notes

This Practice Note describes the typical corporate and funding structure of a leveraged buy-out and explains: (i) typical features of a buy-out, (ii) factors influencing structure (tax considerations, security and enforcement issues, legal issues, source of funds), and (iii) some typical buy-out structures and an overview of their key features

Other Work
Sustainable procurement—checklist

This Checklist considers the necessary components for sustainable public procurement, outlining key considerations in relation to elements of the technical specification, selection and award criteria and performance requirements.

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