In Practice
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Be careful what you register: Re VE Global UK Ltd
In this In Practice article the authors consider the recent case of Re VE Global UK Ltd (Binyon & another v Suzerain Investment Holdings Ltd & others [2024] EWHC 749 (Ch)) which concerned whether a debenture was void against administrators where only a subsequent amendment agreement had been registered at Companies House.
29 June 2024IMN Euro CLO Forum 2024 key takeaways
IMN’s 11th annual Euro CLO Forum took place in London in March 2024. Below is a summary of the event’s key takeaways and industry perspectives from the conference.
29 June 2024Advising a guarantor
In this In Practice article James Bell looks at issues to consider when protecting the guarantor’s position in finance transactions and how that might be negotiated.
28 June 2024The future of UK green finance policy and implications for the banking sector
On 9 November, Chancellor of the Exchequer Rishi Sunak delivered a statement to the House of Commons setting out the government’s ambition for the future of UK financial services. One of the core objectives of the government’s policy is to position the UK as a global leader in green finance ahead of the 2021 United Nations Climate Change Conference (COP 26), and the statement sets out a host of new proposals aimed at supporting capital flows for the purpose of sustainable investment. Green finance is also a key tenet of the government’s broader strategy to rebuild the UK economy following the COVID-19 pandemic with a greater focus on sustainability.
13 June 2024The impact of the Corporate Insolvency and Governance Act 2020 on credit insurers and suppliers
The Corporate Insolvency and Governance Act 2020 (CIGA) came into force in June 2020 as part of the government’s response to the COVID-19 crisis, aimed at promoting the rescue of companies in financial difficulties. It introduced three new permanent measures: a “Moratorium” procedure; a procedure for the compromise or arrangement with creditors of a company in financial difficulties or “Restructuring Plan”, and rules prohibiting the termination of contracts for the supply of goods and services by reason of insolvency (the so called “ipso facto” clauses) as well as a number of temporary measures intended to reduce the number of insolvency procedures during the pandemic. The Act represents the biggest change to insolvency legislation in 20 years and has particular implications for supply chains and credit insurance (for instance, will credit insurers continue cover if a supplier is forced by the new measures to continue to supply?), which we will consider in this article.
13 June 2024Approaching the endgame: LIBOR transition in the Swiss syndicated loan market
As readers of JIBFL will be well aware, it is expected that LIBOR will no longer be available after the end of 2021, with the exception of certain tenors for USD LIBOR that will be published until the end of June 2023 and, potentially, a synthetic LIBOR for certain currency-tenor settings. While EUR LIBOR will cease to be available, there are no current plans to discontinue EURIBOR. With the Swiss franc (CHF) being one of the five LIBOR currencies and CHF LIBOR being used as reference rate for the calculation of interest in virtually every CHF denominated syndicated credit facility agreement, LIBOR transition poses an immense challenge to the Swiss syndicated loan market. Although we have seen the first pathfinder transactions using risk free rates,1 the Swiss market is yet to experience a big shift.
13 June 2024Financing real estate-backed operating businesses: documentary pitfalls
In this In Practice article the authors examine the potential issues that can arise when using the LMA Facility Agreement for Real Estate Finance Investment Transactions (LMA REF Facility Agreement) as the basis for documenting credit facilities made available to real estate-backed operating businesses.
13 June 2024Pooled audit: a welcome step forward, but not yet over the line …
The option to participate in collective assurance activities is welcome, but this article makes the case for more guidance from sectoral regulators and competition authorities to allow banks and their service providers to truly get comfortable.
13 June 2024Location, location, location: the EU’s “location policy” for euro-denominated derivatives clearing
In this article, the author considers the EU’s “location policy” which requires euro-denominated derivatives clearing to take place in the EU, including how links between CCPs which meet international standards may actually increase multilateral netting benefits.
13 June 2024Comparing sustainable debt products and standards
Whilst standards like the Equator Principles and the Responsible Ship Recycling Standards have been applied to specific sectors or asset classes for some time, standards with wider application to the bond and loan markets are now gaining traction. These often have different purposes and consequences for non-compliance. With regulatory frameworks and market practice still developing, further innovation in sustainable debt standards and the refinement of existing standards is expected.
13 June 2024
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