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15 Feb 2018, 1:18 pm
Where the debt limitation covenant in a lending agreement with the bank is ambiguous as whether or not a particular form of financing counts against the limit — should we risk being sued by the bank if we think that we need that financing? [read post]
14 Feb 2018, 2:57 pm
This past year was an eventful one in the corporate and securities litigation arena. [read post]
1 Feb 2018, 6:24 pm
The reason for the increase in sales in 2017 was due to weak covenants that allowed companies to prefer borrowing senior loans.[8] Companies had less restrictions on covenant agreements with banks. [read post]
1 Feb 2018, 10:52 am
The legal basis for holding companies accountable under human rights law has posed a number of theoretical challenges.[8] While all the complexities cannot be addressed here, several questions are noted by way of example:· What is the role of non-state actors such as corporations under the Universal Declaration of Human Rights and the main human rights covenants? [read post]
29 Jan 2018, 8:27 pm
Sources [1] Ziegler Capital Management, Senior Secured Bank Loans, (2017), http://www.zcmfunds.com/FRF-Documents/Floating_Rate_Fund-Whitepaper.pdf. [2] http://www.streetofwalls.com/finance-training-courses/investment-banking-technical-training/leveraged-buyout-analysis/ [3] Joseph V. [read post]
29 Jan 2018, 4:00 am
The Defence Regulations remain in force in the West Bank as well, though Palestinian terrorism defendants are usually indicted before military courts in the West Bank for offenses under the Decree on Security Instruction. [read post]
24 Jan 2018, 8:00 pm
The flexibility of mezzanine debt is a factor that dealmakers are considering in structuring loans.[1] There is flexibility with structuring mezzanine coupons and covenants compared to senior debt.[2] Institutional investors are also enthusiastic about mezzanine financing due to the high yield returns and stability. [read post]
24 Jan 2018, 11:50 am
Would those some covenants apply to a joint venture party’s affiliates? [read post]
24 Jan 2018, 11:50 am
Would those some covenants apply to a joint venture party’s affiliates? [read post]
24 Jan 2018, 11:50 am
Would those some covenants apply to a joint venture party’s affiliates? [read post]
22 Jan 2018, 7:20 pm
The bank facility covenant often has maintenance covenants and is mostly based on the credit facility’s covenants. [read post]
15 Jan 2018, 8:05 pm
The first loan is a second-lien debt and is allocated in the same collateral pool as the first-lien bank debt. [read post]
1 Jan 2018, 5:44 pm
HSBC Bank USA, N.A., 190 So. 3d 160 (Fla. 4th DCA 2016). [read post]
1 Jan 2018, 5:44 pm
HSBC Bank USA, N.A., 190 So. 3d 160 (Fla. 4th DCA 2016). [read post]
16 Dec 2017, 8:50 am
(pix credit; here)The Statement on Visit to the USA, by Professor Philip Alston, United Nations Special Rapporteur on extreme poverty and human rights has just been posted to the UN's website. [read post]
15 Dec 2017, 9:01 am
Under the Custody Rule, if a registered investment adviser has custody of “client funds or securities”, then it must maintain those client assets with a qualified custodian (generally a bank, broker-dealer, FCM or other financial institution), subject to certain exceptions. [read post]
15 Dec 2017, 9:01 am
Under the Custody Rule, if a registered investment adviser has custody of “client funds or securities”, then it must maintain those client assets with a qualified custodian (generally a bank, broker-dealer, FCM or other financial institution), subject to certain exceptions. [read post]
8 Dec 2017, 6:10 am
Bergen, and Alexis Collins, Cleary, Gottlieb, Steen & Hamilton LLP, on Wednesday, December 6, 2017 Tags: Asset management, Broker-dealers, Cybersecurity, Financial regulation, Institutional Investors, Investment advisers, Investor protection, Misconduct, SEC, SEC enforcement, Securities enforcement, Securities regulation Debt Contract Terms and Creditor Control Posted by Adam Badawi (UC Berkeley), on Wednesday, December 6,… [read post]
7 Dec 2017, 2:13 pm
Protecting Confidential Information and Client Relationships in the Financial Services Industry In Seyfarth’s third installment of its 2017 Trade Secrets Webinar series, Seyfarth attorneys Scott Humphrey, Robyn Marsh, and Dawn Mertineit focused on trade secret and client relationship considerations in the banking and financial services industry, with a particular focus on a firm’s relationship with its FINRA members. [read post]
7 Dec 2017, 11:54 am
In his opening statements, Sloan acknowledged the ways in which Wells Fargo had let down its consumers, but promised to do better, saying the bank was a better bank than it was a year ago and it will be a better bank next year than it is today. [read post]
