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Preserving guarantor liability: another look
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In this Spotlight article, Richard Salter KC takes a further look at how well the sort of Guarantee and Indemnity provisions commonly found in standard LMA-based Facility Agreements are likely to survive changes to the underlying facilities, and considers the implications of the recent decision of the Supreme Court in Cobalt Data Centre 2 LLP v HMRC [2024] UKSC40, [2024] 1 WLR 5213.
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