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Article

Clayton Utz | Australia | 6 Aug 2015

Does a DOCA release a company from a debt arising under a guarantee?

If the underlying debt has already been extinguished by a DOCA, can a secured creditor still enforce the charge? A recent case explored the role of

Article

Clayton Utz | Australia | 25 Oct 2012

Nine Entertainment - debt for equity swap agreed

On 17 October 2012, Nine Entertainment announced that it had reached an agreement with representatives of its senior and junior lenders with respect to a restructuring of its financing arrangements.

Article

Clayton Utz | Australia | 18 Oct 2012

Channel Nine: still the one

On 17 October 2012, Nine Entertainment announced that it had reached an agreement with representatives of its senior and junior lenders with respect to a restructuring of its financing arrangements.

Article

Clayton Utz | Australia | 11 Oct 2012

A sting in the Tael: seller's entitlement to interest accruing pre-settlement

Traders should be aware that where fees and interest accrue after a trade, a portion of that amount may be recoverable by the seller.

Article

Clayton Utz | Australia | 11 Oct 2012

A sting in the Tael: buyers' liability for fees and interest accruing post-settlement

Traders should be aware that where fees and interest accrue after a trade, a portion of that amount may be recoverable by the seller.

Article

Clayton Utz | Australia | 26 Apr 2012

The importance of comprehensive assignment provisions in debt trade documentation

As well as all legal and other remedies, the assignment should specifically provide that any restitutionary rights in respect of the assets are also assigned.

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