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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…

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.

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…

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…

Shoosmiths LLP | United Kingdom | 25 May 2018

When is it reasonable for a lender to withhold consent?

Secured lenders often restrict a borrower's ability to dispose of a property by requiring their prior consent, which is often qualified by "such…

TLT LLP | United Kingdom | 22 May 2018

Administrator's duties and their relationship with a secured lender

In this recent judgment, the court considered the extent of an administrator's duties and when an administrator could be considered an agent to a…

Dentons | United Kingdom | 8 May 2018

On what basis can a secured lender refuse consent to a disposal when its consent is "not to be unreasonably withheld"?

A contractual provision to the effect that a party's consent should not be unreasonably withheld is a familiar one. When will it be unreasonable to…

White & Case LLP | United Kingdom | 31 Jan 2018

Issuers in the driving seat

As the asset class has grown in popularity, the average leveraged loan size in Europe has leapt up. In 2017, it grew to €782 million—up from €705…

Buchanan Ingersoll & Rooney PC | USA | 24 Jul 2017

United States Supreme Court to Decide Whether Recharacterization of Debt Should Be Decided by State or Federal Law

On June 27, 2017, the United States Supreme Court granted the petition for writ of certiorari regarding the decision In re Province Grande Olde…

McCann FitzGerald | Ireland, United Kingdom | 6 Jul 2017

True Sale (finally) Approved

In a recent judgment the Irish High Court for the first time confirmed as “good law” in Ireland the approach taken by the English courts to the…
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