Secondary trading and loan portfolio sales

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Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes
Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 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...
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Produced in partnership with South Square Chambers 19th May
Practice notes
Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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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...
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19th May
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 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...
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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...
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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...
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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...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
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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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May

Most recent Secondary trading and loan portfolio sales content

Practice notes
The proper law doctrine for R&I lawyersThe proper law doctrine provides that the discharge of a debt may only properly be determined by the governing...
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27th Jul
Practice notes
The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...
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17th Jun
Practice notes
Use of information in the secondary debt market for loan tradingThis may have an impact on this Practice Note in relation to regulation of the...
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Produced in partnership with Diane Roberts of Reed Smith 14th Jun
Practice notes
Secondary trading of distressed debtsCompanies which are starting to show signs of distress often see their debt being traded on the secondary market...
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5th Jun
Precedents
Deed of assignment: for an unsecured bilateral facility agreementThis Deed is made on [insert day and month] 20[insert year]Parties1[insert name of...
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5th Jun
Precedents
Notice of assignment and form of acknowledgement: for a bilateral facility agreement (transfer of loan)[To be printed on the headed paper of the...
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5th Jun
Precedents
Deed of novation: for an unsecured bilateral facility agreementThis Deed is made on [insert day and month] 20[insert year]Parties1[insert name of...
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5th Jun
Practice notes
Loan portfolio sales—key issuesThis Practice Note considers some of the key issues which can arise on a loan portfolio sale and which may be relevant...
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4th Jun
Practice notes
Transferring a loan by sub-participationSub-participation is a means by which a lender can transfer its risk in a loan to another lender. For an...
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4th Jun
Practice notes
Transferring a loan by equitable assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an...
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4th Jun
Practice notes
Loan portfolio sales—legal documentationThis Practice Note provides an overview of the main legal documentation which may be used to conclude the...
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4th Jun
Practice notes
Transferring a loan by legal assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an overview...
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4th Jun
Practice notes
Debt buy-backsThe ability of borrowers, members of the borrower group or the sponsor (or affiliates of the sponsor) to buy back loans became a live...
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4th Jun
Practice notes
Overview of the key documentation in a typical secondary debt tradeSecondary debt trades in the London market are typically documented through a suite...
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Produced in partnership with K&L Gates 4th Jun
Practice notes
Secondary debt trading—timeline of a typical tradeThe timeline outlined below is an indicative time-frame incorporating the various steps required...
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Produced in partnership with K&L Gates 4th Jun
Practice notes
Key issues in loan transfers 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...
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4th Jun
Practice notes
Transferring a loan by novationNovation is a means by which a lender can transfer its interest in a loan to another lender.This Practice Note looks at...
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4th Jun
Practice notes
Loan portfolio sales—an introductionThis Practice Note provides an introduction to loan portfolio sales, considering in particular the types of...
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4th Jun
Practice notes
Comparing UK and US secondary debt trading markets, with particular reference to the LMA v LSTA recommended terms for secondary tradingThe UK and US...
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Produced in partnership with Diane Roberts of Reed Smith 4th Jun

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