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James Spencer
Partner
Shoosmiths
Contributions by Shoosmiths

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Energy Savings Opportunity Scheme (ESOS)—how does ESOS interact with other energy regimes and climate
Energy Savings Opportunity Scheme (ESOS)—how does ESOS interact with other energy regimes and climate
Practice Notes

This Practice Note deals with the interaction between the Energy Savings Opportunity Scheme (ESOS) and other energy regimes and climate change policies. Those regimes and policies include Climate Change Agreements (CCAs), the UK Emissions Trading Scheme (UK ETS), mandatory greenhouse gas emissions reporting, the Environmental Permitting Regulations (EPR) and various voluntary schemes. It also covers developments relating to ESOS.

Standard competition law clauses for sale and purchase agreements
Standard competition law clauses for sale and purchase agreements
Practice Notes

When advising on the competition law implications of a corporate transaction, it is important to consider how any competition law issues should be reflected in the sale and purchase agreement. This Practice Note sets out examples of standard clauses parties to a sale and purchase agreement might include to deal with any merger control considerations triggered by the transaction, in particular, governing how responsibilities and risk are allocated between the parties.

Contributions by Shoosmiths Experts

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Senior loans, mezzanine loans and intercreditor arrangements in real estate finance
Senior loans, mezzanine loans and intercreditor arrangements in real estate finance
Practice Notes

This Practice Note explains the most common intercreditor structure in real estate finance transactions and covers: (1) use of intercreditor arrangements and structural subordination to subordinate a mezzanine loan to a senior loan, (2) typical funding structure and security package for a real estate financing where there are both senior and mezzanine loans, and (3) key intercreditor provisions for negotiation (including subordination and priority of payments, permitted enforcement of the first ranking mezzanine share security, the mezzanine lender’s right to cure a default under the senior loan, the mezzanine lender’s right to purchase the senior loan, and the consent and consultation rights of the mezzanine lender). It also briefly covers the use of A/B loan structures and contractual subordination in real estate finance.

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