Guide to hedging within a financing context—for the financing lawyer
Produced in partnership with Ruth Marken and Mike Tanner of CMS
Guide to hedging within a financing context—for the financing lawyer

The following Banking & Finance practice note produced in partnership with Ruth Marken and Mike Tanner of CMS provides comprehensive and up to date legal information covering:

  • Guide to hedging within a financing context—for the financing lawyer
  • Facility agreement
  • Hedging clause
  • Where do hedge payments go?
  • Prepayments
  • Financial covenants
  • Definitions—'LIBOR'/'EURIBOR'
  • Definitions—'Finance Document'/'Finance Party'
  • Why you may not have a fixed interest rate at all
  • What if the hedge counterparty goes bust?
  • More...

Guide to hedging within a financing context—for the financing lawyer

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for lending lawyers? [Archived].

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 Practice Note: Brexit—introduction to the Withdrawal Agreement. This has an impact on

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