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Lexology Learn videos PRO

Lexology PRO | European Union, Global, United Kingdom | 12 Jul 2021

Compliance Panel: ESG disclosures and the financial sector

Lexology PRO hosts a Compliance Panel featuring two Senior Managers in the financial services regulatory team at KPMG, who discuss environmental, social and governance (ESG) disclosure obligations for financial services firms in the UK and EU, and how to manage the associated risks. Highlights include the role of the general counsel in deciding what to disclose, and what to include in an......
Commentary
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Luther Rechtsanwaltsgesellschaft | Luxembourg | 6 Jul 2021

Securing company claims using directors' private assets: what kind of guarantee is used?

Loans granted to a company are almost systematically guaranteed. In Luxembourg, the most widely used guarantees have traditionally been suretyships and first demand guarantees. In a recent case, the Court of Appeal determined whether letters signed by guarantors to finance a yacht constituted first demand guarantees or whether the guarantors had entered into a suretyship, enabling them invoke......
Article
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Langlois Lawyers LLP | Canada | 22 Jun 2021

Recognition of the validity of legal fee reimbursement clauses in a loan contract: principles to keep in mind

On April 6, 2021, in its decision in Bank of Nova Scotia v. Davidovit, the Quebec Court of Appeal had the opportunity to rule on the validity…
Article
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Langlois Lawyers LLP | Canada | 22 Jun 2021

Reconnaissance de la validité des clauses de remboursement des frais juridiques dans un contrat de prêt : les principes à retenir

Le 6 avril 2021, dans le cadre de sa décision dans l’affaire Banque de Nouvelle-Écosse c. Davidovit, la Cour d’appel du Québec a eu…
Article
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National Bank of Canada | Canada, USA | 8 Jun 2021

New York’s Citibank Decision: A Canadian Law Perspective

In early December 2020, a federal judge for the Southern District of New York rendered a 100-page decision determining the outcome of the so-called…
Analysis PRO
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Lexology PRO | European Union, Global, USA | 2 Jun 2021

The case for depositor preference: Its impact on depositors and banks, and the IMF’s position

The case for depositor preference: Its impact on depositors and banks, and the IMF’s position, by Arthur Rossi, research officer at the legal department of the IMF.
Article
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Cordato Partners | Australia | 11 Mar 2019

The right to ‘lodge and maintain a caveat’ is not enough

If a lender has the right to ‘lodge and maintain a caveat’ with nothing more, then according to the NSW Court of Appeal, that is not enough to…
Article
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Travers Smith LLP | United Kingdom | 1 Feb 2019

Safeguarding guarantees and security as the deal evolves

Using a traffic light approach, we consider the sorts of amendments which might impact on "day one" security.
Article
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Schulte Roth & Zabel LLP | USA | 14 Aug 2018

Fifth Circuit Holds Lease To Be a Secured Loan

A purported conditional sale agreement “created a security interest rather than a lease,” held the U.S. Court of Appeals for the Fifth Circuit on Aug…
Article
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Arent Fox LLP | USA | 30 May 2018

US Bankruptcy Court Recognizes a Foreign Plan of Reorganization and Enforces Third-Party Releases in the Chapter 15 Context

Honorable Martin Glenn, United States Bankruptcy Judge in the United States Bankruptcy Court for the Southern District of New York (“Bankruptcy…
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