Restructuring & Insolvency

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  • MAC The Knife Restricted access


    Submitted: 01 May 2013

    The decision of the High Court in Grupo Hotelero Urvasco S.A. v Carey Value Added S.L. [2013] EWHC 1039 (Comm) (26 April 2013) provides guidance on the judicial interpretation of those clauses which enable a lender to call a default under a facility agreement as the result of the occurrence of a “material adverse change” (MAC) affecting the borrower.

  • Financial Collateral Arrangements - are you in control? Restricted access


    Submitted: 18 April 2013

    An article on the financial collateral arrangements, taking into account the November 2012 decision in the Lehman case.

  • All Change for Charges (An Update) Restricted access


    Submitted: 18 March 2013

    An update to our article dated 13 February 2013 entitled All Change for Charges.

  • All change for charges Restricted access


    Submitted: 13 February 2013

    A summary of the changes which will come into effect on 06 April 2013 in relation to registration of charges created by companies incorporated in England & Wales.

  • SNS Reaal Conference Call Restricted access

    Conference Call

    Submitted: 05 February 2013

    Materials from a conference call on 04 February 2013 about the intervention of the Dutch State in SNS Reaal.

  • LMA publishes revised Transparency Guidelines Restricted access


    Submitted: 04 December 2012

    The Loan Markets Association (LMA) has published on its website a revised form of its Guidelines on Transparency and the Use of Information.

  • FATCA and Secondary Loan Trades: LMA Secondary Documentation Riders Published


    Submitted: 03 December 2012

    The LMA has published on its website its proposed form of wording to deal with the potential impact of the US Foreign Account Tax Compliance Act (FATCA) on trades in the secondary loan market.

  • Do solicitors appointed by Administrative Receivers owe duties to the Company in Receivership? Restricted access


    Submitted: 29 October 2012

    Where advice to a lender is shared with an Administrative Receiver, is the company in receivership owed a duty of care?

  • Reminder: Lehman Brothers International Europe (in administration) - 31 July 2012 bar date Restricted access


    Submitted: 02 July 2012

    By way of reminder, on 02 May 2012, the High Court granted the Joint Administrators’ request to bring forward the last bar date for the submission of unsecured claims to 11.59 pm (London time) on 31 July 2012 (the Bar Date). There is now less than a month before the Bar Date.

  • Right clause, wrong document? Restricted access


    Submitted: 26 June 2012

    The decision of the Court of Appeal in Cherry Tree Investments Limited v Landmain Limited is of interest for two reasons. First, it demonstrates the importance to secured lenders of including contractual extensions of their statutory powers in the security document rather than in the facility agreement. Secondly, it reveals a judicial disagreement over the scope of the court’s power to “correctively interpret” a contract, rather than to rectify it.

51 to 60 of 71