Secondary trading and loan portfolio sales

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Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 12th Jan
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 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
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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9th Nov
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
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
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
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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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
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov
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

Most recent Secondary trading and loan portfolio sales content

Precedents
This Deed is made on [insert day and month] 20[insert year]Parties1[insert name of Assignor], a company incorporated in England and Wales with...
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14th Apr
Practice notes
There are times when a lender might want to get back some of the money it has lent to a borrower before the borrower is due to repay it.If the...
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14th Apr
Practice notes
Companies which are starting to show signs of distress often see their debt being traded on the secondary market at prices below par/face value. The...
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9th Apr
Practice notes
The proper law doctrine provides that the discharge of a debt may only properly be determined by the governing law of the debt. As such, and subject...
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9th Apr
Practice notes
Aims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key objective of improving...
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9th Apr
Practice notes
This Practice Note provides an overview of the main legal documentation which may be used to conclude the disposal of a loan portfolio and suggests...
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8th Apr
Practice notes
This Practice Note provides an introduction to loan portfolio sales, considering in particular the types of portfolios that exist for sale and the...
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8th Apr
Practice notes
Assignment is a means by which a lender can transfer its interest in a loan to another lender.For an overview of the reasons why a lender might...
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8th Apr
Practice notes
The timeline outlined below is an indicative time-frame incorporating the various steps required through the process of a typical secondary debt...
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Produced in partnership with K&L Gates 8th Apr
Practice notes
Assignment is a means by which a lender can transfer its interest in a loan to another lender.For an overview of the reasons why a lender might...
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8th Apr
Practice notes
This may have an impact on this Practice Note in relation to regulation of the secondary market. For further information, see Practice Note:...
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Produced in partnership with Diane Roberts of Reed Smith 8th Apr
Practice notes
The UK and US secondary (private) debt trading markets are very similar when transacted on the suite of documents issued by the Loan Market...
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Produced in partnership with Diane Roberts of Reed Smith 8th Apr
Practice notes
The ability of borrowers, members of the borrower group or the sponsor (or affiliates of the sponsor) to buy back loans became a live issue when the...
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8th Apr
Practice notes
This Practice Note considers some of the key issues which can arise on a loan portfolio sale and which may be relevant to banking law practitioners...
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17th Mar
Practice notes
Novation is a means by which a lender can transfer its interest in a loan to another lender.This Practice Note looks at what is meant by novation...
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4th Mar
Practice notes
Sub-participation is a means by which a lender can transfer its risk in a loan to another lender. For an overview of the reasons why a lender might...
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4th Mar
Practice notes
Secondary debt trades in the London market are typically documented through a suite of recommended form of documents produced by the Loan Market...
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Produced in partnership with K&L Gates 26th Feb
Precedents
This Deed is made on [insert day and month] 20[insert year]Parties1[insert name of Transferor] of [insert address] (the Transferor);2[insert name of...
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1st Feb
Precedents
[To be printed on the headed paper of the LENDER (THE ASSIGNOR)][insert date]To: [insert full name and address of borrower]Dear [insert name of...
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26th Jan

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