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18 May 2020, 10:08 am by Patrick Hughes
Required Certifications and Covenants for Use of MSLP Loans Businesses must refrain from using the MSLP loans to repay other loan balances that the businesses may have with the lender. [read post]
ASIC has also developed a sector-specific guide of the activities affected by the changes to the regulator’s regulatory work and priorities including but not limited to financial advice, managed funds, superannuation, retail banking, insurance and insolvency. [read post]
The investment covenant in Section 52(6) of the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) requires the trustee to regularly review and give effect to the investment strategy for the whole fund and each investment option, having regard to, amongst other things, the liquidity of the investments covered by the strategy, expected cash flow requirements and the ability to discharge its existing and prospective liabilities. [read post]
4 May 2020, 6:30 am by Sandy Levinson
  Jackson, in his famous Veto of the bill renewing the charter of the Bank of the United States declared first that “Mere precedent is a dangerous source of authority…. [read post]
1 May 2020, 2:11 am by Shannon O'Hare
KEY POINTS FOR TRADERS Banking licence required if a drawing occurs in France. [read post]
28 Apr 2020, 2:28 pm by Martin A. Schwartz
Any such pledge may involve a potential forfeiture of their investment if they fail or are unable to perform all of the covenants in the loan documents. [read post]
  You should also review with your lender and advisors the terms of your existing credit facilities for any covenants that may restrict your participation, including limitations imposed on incurring additional debt a. [read post]
  You should also review with your lender and advisors the terms of your existing credit facilities for any covenants that may restrict your participation, including limitations imposed on incurring additional debt a. [read post]
14 Apr 2020, 8:00 pm by Shannon O'Hare
The scheme is provided by the British Business Bank via participating lenders, a list of which can be found here. [read post]
2 Apr 2020, 6:27 am by Shepard A. Federgreen
What can be done to address the inability to meet pending deadlines and similar, but somewhat different, obligations, such as so-called “continuous operating covenants,” in retail leases? [read post]
1 Apr 2020, 9:37 am by Florence Campbell Jones
The scheme is provided by the British Business Bank via participating lenders, a list of whom can be found here. [read post]
21 Mar 2020, 6:58 am
Receiving a board-level briefing on company indebtedness, including bank and bond financings, lines of credit, availability of revolvers, key covenant terms and, in conjunction with that briefing, understanding the company’s near-term liquidity needs and working with management to secure liquidity needs. [read post]
21 Mar 2020, 4:48 am by Sophia Tang
., 475 F.Supp. 2d 54 (2007); Jin v Ministry of State Security, 557 F.Supp. 2d 131 (2008); Walters v Industrial and Commercial Bank of China, 651 F.2d 280 (2011)), but given the impact of COVID-19 this case probably is the most influential one. [read post]
20 Mar 2020, 9:48 pm by Sophia Tang
., 475 F.Supp. 2d 54 (2007); Jin v Ministry of State Security, 557 F.Supp. 2d 131 (2008); Walters v Industrial and Commercial Bank of China, 651 F.2d 280 (2011)), but given the impact of COVID-19 this case probably is the most influential one. [read post]
20 Mar 2020, 6:17 am
Bergman, Paul, Weiss, Rifkind, Wharton & Garrison LLP, on Wednesday, March 18, 2020 Tags: Boards of Directors, COVID-19, Disclosure, Form 10-K, Internal control, Regulation FD, SEC, Securities regulation Proposed Revisions to the Volcker Rule: Prohibitions and Restrictions with respect to Covered Funds Posted by Joel Wattenbarger and Gideon Blatt, Ropes & Gray LLP, on Thursday, March 19, 2020 Tags: Bank Holding Company… [read post]
18 Mar 2020, 7:28 pm by Chris Castle
[This post first appeared on MusicTech.Solutions] After the cancellation of SXSW, we need to think about those “force majeure” clauses that everyone skips over in contractual boilerplate. [read post]
17 Mar 2020, 2:19 pm by Kenneth Duvall and Philip R. Stein
For the first time in the U.S. since 1991, business debt exceeds consumer debt.[15] A decade ago, the high-yield (that is, junk) corporate (non-bank) bond market amounted to only $786 billion; now, it amounts to $1.3 trillion.[16] The higher quality investment-grade U.S. corporate bond market amounted to less than $3 trillion a decade ago; now, it is $6 trillion.[17] The line between investment and junk is thin and might quickly start to blur in a downturn, as approximately half of the… [read post]