Clauses

View Restructuring & Insolvency by content type:

Latest Restructuring & Insolvency News

Featured Restructuring & Insolvency content

Practice notes
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
Read More >
19th May
Practice notes
Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
Read More >
19th May
Practice notes
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
Read More >
Produced in partnership with South Square Chambers 19th May
Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
Read More >
19th May
Practice notes
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
Read More >
19th May
Practice notes
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
Read More >
Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
Read More >
19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
Read More >
19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
Read More >
19th May
Practice notes
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
Read More >
Produced in partnership with Jonathan Titmuss of Hardwicke 19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
Read More >
19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
Read More >
Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
Read More >
19th May
Practice notes
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
Read More >
19th May
Practice notes
The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
Read More >
Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
Read More >
19th May

Most recent Clauses content

Precedents
Time of the essence clause1Time to be of the essence of all clausesEach time, date or period referred to in this agreement (including any time, date...
Read More >
5th Jun
Precedents
Hardship clauseHardship•means[, subject to clause [1.6 OR 1.7],] a [fundamental OR material] change in the balance of a party’s benefits and...
Read More >
5th Jun
Precedents
Power of attorney for commercial transactions1Appointment and powersWe, [insert name of company] a company incorporated in [England and Wales] under...
Read More >
5th Jun
Precedents
Dispute resolution clause1Dispute resolution—short form1.1If any dispute arises between the parties out of, or in connection with, this Agreement, the...
Read More >
5th Jun
Precedents
Termination clause1Termination1.1This Agreement may be terminated by either party giving a minimum of [enter number] months’ notice in writing to the...
Read More >
5th Jun
Precedents
Board minutes approving a proposed commercial agreement[As a header insert company name, company number and date of meeting][Insert name of company]...
Read More >
5th Jun
Precedents
Joint and several liability clause1Joint and several liability[Except for clauses [insert],] the liabilities and obligations of [insert names of...
Read More >
5th Jun
Precedents
Retention of title (standard, or simple) clause1Title and risk1.1Risk in the Goods will pass to the Buyer [on [completion of] delivery OR when the...
Read More >
5th Jun
Practice notes
MAC clauses for a bilateral facility agreement Where are MAC clauses used in facility agreements?There are three key places where the concept of...
Read More >
4th Jun
Practice notes
Market disruption clauses in (LIBOR-based) facility agreements [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.In...
Read More >
4th Jun
Practice notes
Powers of attorney in commercial transactionsCommercial lawyers will regularly come across situations where third parties are executing documents as...
Read More >
4th Jun
Practice notes
Reasonable and best endeavoursThis Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that...
Read More >
4th Jun
Practice notes
Governing law, jurisdiction and arbitration clauses in finance documentsThis Practice Note deals with governing law, jurisdiction and arbitration...
Read More >
4th Jun
Precedents
Territory means [[list the specific countries, states or regions which form the territory] OR the [countries OR states OR...
Read More >
8th Jan
Precedents
Panel 4—Transferor [insert name of the registered proprietor] in administration) (the ‘Transferor’) acting by [any one of] its...
Read More >
26th Sep
Precedents
LR prescribed lease clauses Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency...
Read More >
26th Sep
Precedents
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and...
Read More >
26th Sep
Precedents
Panel 4—Transferor [insert name of debtor and other registered proprietor[s]]. Panel 11—Additional provisions I [insert name...
Read More >
26th Sep
Precedents
Transfer clauses—sale by liquidator Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency...
Read More >
26th Sep
Precedents
1 Confidentiality clause—mutual—using in-clause definitions Authorised Persons has the meaning given to it in clause...
Read More >
26th Sep

Popular documents