This Practice Note sets out certain key cases and associated relevant content in relation to acceleration of debt and enforcement of security. The cases are divided by...
During the term of a facility, the borrower's financial position is likely to fluctuate. Sometimes, its circumstances change to such an extent that it wants the terms of...
General duty of liquidators and administrators where there has been an unlawful transaction If, during the course of a liquidator's or administrator's investigations into...
. Avoiding floating charges—the conditions required Under section 245 of the Insolvency Act 1986 (IA 1986), there are provisions for liquidators and administrators to set...
Competing security interests arise when more than one creditor has taken security over the same asset or group of assets. Determining the order of priority between those...
Overview Covenant 'loose' and covenant 'lite' facilities provoke much debate in the leveraged finance market since they are perceived to indicate that debt markets are...
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 blip in the company's...
Under English law legally binding agreements can be made orally, in writing or by deed. This Practice Notice considers the circumstances in which a deed is necessary or...
In an enforcement scenario, it is necessary to confirm that the charge under which you wish to appoint a receiver is valid. This Practice Note considers the impact on the...
An electronic signature is the electronic equivalent of a handwritten signature and links a person to the contents of an electronic document. This Practice Note...
This Practice Note considers the enforcement options available to lenders where they hold fixed security. In particular it covers: • the options available when taking...
Security over land can be taken by way of mortgage or charge with the appropriate form often depending on the significance of the land to the borrower's business or the...
This Practice Note summarises: • the different forms of share security • the main enforcement options open to security takers • practical considerations for security...
This Practice Note considers the position of a security holder who has an equitable mortgage or charge over land, in particular the powers that are available to complete...
This Practice Note considers: • the purpose of events of default included in facility agreements • common events of default relating to borrowers and guarantors •...
This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences between deeds and...
This Practice Note provides practical guidance on the execution of documents by companies after 6 April 2008 (being the date on which the relevant provisions of the...
This Practice Note provides guidance on the proper execution of simple contracts and deeds for individuals. It covers issues of legal capacity, the form required for...
This Practice Note provides practical guidance on proper execution of simple contracts and deeds for limited liability partnerships (LLPs). The law Before 1 October 2009,...
This Practice Note provides practical guidance on proper execution of simple contracts and deeds for limited partnerships formed under the Limited Partnerships Act 1907....
This Practice Note provides practical guidance on the execution of documents by overseas companies, primarily when execution takes place after 1 October 2009 in...
This Practice Note provides practical guidance on proper execution of simple contracts and deeds for partnerships. Authority A partner in a partnership will be empowered...
This Practice Note summarises the execution formalities for witnesses, in particular it considers who can act as a witness to the signature of another person on a...
This Practice Note sets out certain key cases and associated relevant content in relation to fixed and floating charges. The cases are divided by topic area and include:...
Summary A secured creditor has a variety of remedies available to it to realise value from the security. However, it is prudent for any secured creditor to...
This Practice Note sets out certain key cases and associated relevant content in relation to guarantees. The cases are divided by topic area and include: • cases relating...
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the demand is seeking to...
Brexit impact This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the European Union. The Bank Recovery and Resolution and Miscellaneous...
In this Practice Note, ‘borrower’ and ‘mortgagor’ are used interchangeably, as are ‘lender’ and ‘mortgagee’. This Practice Note also applies to fixed charges (although...
Different regimes imposed on overseas companies regarding registering security at Companies House The regime for registering charges created by overseas companies over...
