Refine By
Clear all filter
About 92778 results for "*"
PRACTICE NOTES
Cash-generating asset types Overview In principle, any cash-generating asset can be securitised. Even an art collection could be securitised on the assumption it can be sold to generate cash (indeed, the city of Detroit considered doing just that with the Detroit Institute of Art's collection). Securitisations however tend to relate to a pool of more conventional assets that embed a debt payment obligation (such as loans) and/or which otherwise generate predictable cash-flows (such as a mature stable business). In other words, securitsations tend to be backed by financial assets. Typical financial assets that are regularly securitised are examined in outline in the following sections, and include: • residential mortgage loans • commercial mortgage loans • credit cards and other unsecured consumer loans • auto loans, and • trade receivables Examples of more exotic securitisations have included: • F1 (Formula One) rights • cinema revenue • royalty payments, and • weather risk EU and UK Securitisation Regulations EU Securitisation Regulation In September 2015, the European Commission published the Action Plan on Building
PRACTICE NOTES
The purpose of security in securitisations In a traditional securitisation (ie not a synthetic securitisation) the issue of security is particularly all-encompassing: all of the issuer's rights are secured in favour of a security trustee for the benefit of all the issuer's secured creditors, usually pursuant to a single security deed. For information on synthetic securitisations, see Practice Note: Synthetic securitisations. The creation of enforceable security interests over the underlying assets of the issuer (called the 'security package') consequently underpins both the credit and the legal analysis of a securitisation: • credit analysis—an important part of the credit analysis of a securitisation consists in assuming that the assets' value will be realised through enforcement rather than repayment. Similarly, a mortgage lender will base its decision to lend principally on the value of the mortgage ie the value of the asset that will be enforced upon in the event of a default rather than the mortgagor's ability to pay based on their income stream • legal analysis—great attention is paid by the transaction lawyers to ensure that each asset of
PRACTICE NOTES
The terms and conditions (T&Cs) of the notes (the Notes) are included in the Prospectus and also as a Schedule to the Trust Deed for all types of securitisation. This Practice Note explains what is commonly contained in those T&Cs. Generally, T&Cs apply to the Notes only in global form and refer to the fact that, in certain limited circumstances, definitive Notes may be issued. In such cases, the T&Cs will be amended as necessary. This approach means that it is not necessary to deal with definitive Notes, Coupons and Talons in the T&Cs, the Trust Deed or the Master Definitions Schedule. Historically, some of the content of the T&Cs was determined on the basis that Noteholders would be trading definitive Notes with the T&Cs printed on the back and it was important for a prospective buyer to know what they were buying—hence inclusion of content such as the summary of the meetings provisions of the Trust Deed and of the various trustee powers, such as modification and waiver.
PRACTICE NOTES
A structure chart showing the corporate structure of a borrower together with the security granted in favour of the lender (or other entity) is a helpful way to visually demonstrate to a reader the security that
NEWS
The Security Service, often referred to as MI5, has apologised in court having admitted misleading judges in a series of cases in the High Court and in the Investigatory Powers Tribunal about the conduct of one of its agents. It has made an 'unreserved apology' for its 'serious error'.
PRECEDENTS
This Deed is made on [insert date] 20[insert year] parties 1 THE COMPANIES identified in Schedule 1 (each an Original Lender and together the Original Lenders); 2 [insert name of Security Agent], of [insert address], in its capacity as security trustee for the Secured Parties (as defined below) on the terms and conditions set out in this Deed (the Security Agent); 3 [insert name of Facility Agent], of [insert address], in its capacity as facility agent for the Lenders (as defined below) on the terms and conditions set out in the Facility Agreement (as defined below) (the Facility Agent); 4 [insert name of Borrower], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Borrower); and 5 THE COMPANIES identified in Schedule 2 (each an Original Chargor and together the Original Chargors). background (A) The Original Lenders have agreed to make available to the Borrower a loan facility on the terms and conditions set out in the Facility Agreement (as defined below). (B) The Borrower and the Original Chargors have agreed to the creation of the Security (as defined below) to secure the Borrower’s
NEWS
The Cabinet Office has updated the Security Vetting Appeals Panel (SVAP) privacy notice. This update follows a comprehensive revision in February 2021, which amended multiple sections of the notice including data processing rationale, categories of personal data processed, legal basis for processing, data sharing practices, retention periods, data rights and international data transfers. The privacy notice pertains to individuals appealing against decisions to refuse or withdraw National Security Vetting clearance and outlines how personal data, including that of third parties, will be handled during the appeal process. Legal practitioners should note that this document should be read in conjunction with 'HMG Personnel Security Controls' for a complete understanding of the vetting appeals procedure.
GLOSSARY
Similar to a security trustee, appointed to act on behalf of underlying creditors.
GLOSSARY
The entity which holds the benefit of security as agent or trustee for a group of creditors.
GLOSSARY
A security agreement is a contract under which a borrower or other obligor grants a security interest over assets in favour of a lender or other secured party to secure payment or performance of obligations. In practice it sets out the collateral, the secured obligations, creation of the security (for example, fixed and floating charges in England and Wales and Northern Ireland, or standard securities and fixed/floating charges in Scotland, or charges in Ireland), and the enforcement rights on default.The expression “security agreement” is descriptive rather than a defined legislative term in the UK and Ireland, though it is commonly used in finance documents and commentary. It typically appears as a standalone debenture or charge, or as a schedule or section within a wider facility agreement.Key issues for practitioners include validity and attachment/creation of the security, perfection (for example, Companies House or CRO registration, and in Scotland delivery or registration in appropriate registers), priority against competing creditors, and insolvency outcomes. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, although the underlying security devices and registration regimes differ by jurisdiction.
PRACTICE NOTES
This Practice Note covers: • aims when taking security and guarantees on an acquisition finance transaction • the common structure of the security and guarantee package for senior, second lien and mezzanine lenders in acquisition finance transactions • issues relating to guarantees such as the guarantor coverage test • security package on transactions with different structures, and • issues that arise when negotiating the security and guarantee package For an introductory guide to acquisition and leveraged finance, see Practice Note: Introductory guide to acquisition finance. For a glossary of commonly used terms and jargon, see: Glossary of acquisition finance terms and jargon. See also Practice Note: Best Practice Guide for Term Sheet Completeness—Explainer—this provides a brief explanation of terms and jargon used in the Best Practice Guide for Term Sheet Completeness, published by the Loan Market Association and European Leveraged Finance Association in November 2020. Aims when taking security and guarantees on an acquisition finance transaction The exact structure of the security package will depend on how the acquisition is structured. However,
PRACTICE NOTES
This Practice Note explores the various levels of security clearance required for government staff and personnel with access to government assets including civil servants, armed forces and government contractors. The levels considered include the government baseline personnel security standard, accreditation check, counter terrorist check, security check and developed vetting. It considers when the various levels of check are required, who can carry out the checks and the appeals process. In March 2026, the government announced a full review of the national security vetting system, following controversy about developed vetting of Lord Mandelson and his appointment as British ambassador to the United States. See: Plans to tighten Whitehall standards, appointment and vetting following Peter Mandelson case, LNB News 12/03/2026 62 and Foreign Affairs Committee scrutiny of Mandelson vetting, LNB News 29/04/2026 40. Personnel security controls Personnel security controls help to prevent and counter threats to national security. All individuals with access to government assets, including civil servants, members of the armed forces, and private sector employees working on government contracts are required to be subject to pre-employment