Events of default in debt capital markets transactions
Events of default in debt capital markets transactions

The following Banking & Finance guidance note provides comprehensive and up to date legal information covering:

  • Events of default in debt capital markets transactions
  • Events of default
  • Brexit
  • Typical events of default in a debt capital markets transaction
  • Acceleration following an event of default

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This has an impact on this Practice Note. For guidance, see Practice Note: Brexit—impact on finance transactions—Brexit planning and impact—key issues for debt capital markets transactions and Brexit—impact on finance transactions—Derivatives and debt capital markets transactions—key SIs.

Events of default

Events of default are included in documentation for many types of term finance—if a specified event of default occurs, the creditor or creditors are entitled to demand immediate repayment of the debt (acceleration). This entitlement may be subject to:

  1. a grace period, during which the debtor has an opportunity to remedy the default

  2. a materiality provision,