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Structured finance subordination provisions upheld by High Court

  • Cadwalader Wickersham & Taft LLP
  • -
  • United Kingdom
  • -
  • August 14 2009

The High Court in England has confirmed the validity under English law of contractual provisions common in structured finance transactions which subordinate payments to a swap counterparty in circumstances where the swap counterparty has defaulted on its obligations under the terms of the relevant swap agreement