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Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 12th Jan
Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Nov
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
Practice notes
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
Practice notes
This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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9th Nov
Practice notes
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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9th Nov
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov

Most recent Clause bank for restructuring and insolvency lawyers content

Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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14th Apr
Practice notes
Where are MAC clauses used in facility agreements?There are three key places where the concept of material adverse change (MAC) or material adverse...
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14th Apr
Practice notes
This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences...
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13th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...
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13th Apr
Practice notes
This Practice Note provides practical guidance on the execution of documents by overseas companies, primarily when execution takes place after 1...
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13th Apr
Q&As
Formalities for a deedThe following are the necessary requirements for a deed:•it must be in writing•it must make it clear that it is intended to be a...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 12th Apr
Precedents
1Dispute resolution—short form1.1If any dispute arises between the parties out of, or in connection with, this Agreement, the matter shall be referred...
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9th Apr
Practice notes
When considering the methods for signature of a deed or contractual agreement, different execution blocks must be used depending on:•the type of...
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9th Apr
Practice notes
NotariesA notary is a qualified lawyer whose primary concern is the authentication and certification of signatures and documents, either for use...
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8th Apr
Practice notes
This Practice Note provides practical guidance on proper execution of simple contracts and deeds for partnerships.AuthorityA partner in a partnership...
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8th Apr
Practice notes
This practice note examines what a certified copy is, when a certified copy is required, who can certify a document and what format the certification...
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8th Apr
Practice notes
This Practice Note provides practical guidance on proper execution of simple contracts and deeds for unincorporated associations.CapacityAn...
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8th Apr
Practice notes
This Practice Note provides practical guidance on proper execution of simple contracts and deeds for limited partnerships formed under the Limited...
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8th Apr
Practice notes
This Practice Note summarises the execution formalities for witnesses, in particular it considers who can act as a witness to the signature of another...
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8th Apr
Practice notes
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...
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8th Apr
Practice notes
Commercial lawyers will regularly come across situations where third parties are executing documents as an attorney on behalf of another person and...
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8th Apr
Practice notes
This Practice Note provides practical guidance on proper execution of simple contracts and deeds for limited liability partnerships (LLPs).The...
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8th Apr
Practice notes
This Practice Note provides guidance on the proper execution of simple contracts and deeds for individuals. It covers issues of legal capacity, the...
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8th Apr
Practice notes
This Practice Note provides practical guidance on the execution of documents by companies after 6 April 2008 (being the date on which the relevant...
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8th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the COVID-19...
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8th Apr

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