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6 Jan 2023, 6:31 am
Boards and management teams will need to understand how the process of obtaining commitments from direct lenders differs from, and in many ways is more burdensome than, the traditional approach of obtaining commitments from banks. [read post]
23 Dec 2019, 6:06 am
A slew of corporate heavyweights like Kohl’s, Macy’s Verizon, Albertsons and SoftBank have sought to deal with their shaky piles of debt—and the problematic covenants often attaching to them—by looking to buy back billions of dollars in bond and bank claims. [read post]
23 Jul 2007, 4:24 pm by Dean T. Kirby, Jr.
” This would be the case, for example, when a bank makes a loan subject to covenants that the loan proceeds will be used to make particular payments.Does the trustee have the burden to disprove earmarking, because an element of preference liability is a transfer of property of the debtor (and not property in effect held in trust for another)? [read post]
4 Feb 2021, 5:53 am
This post is based on their recent paper, forthcoming in the Journal of Banking and Finance. [read post]
9 Mar 2015, 7:19 am by Daniel Robertson
Bank National Association, argued that the case was timely under a provision of the governing Mortgage Loan Sale Agreement providing that no claim accrues for breach of a repurchase obligation until the purchaser discovers a breaching loan (or is so notified), the seller fails to cure such breach, and the purchaser makes a demand for cure. [read post]
1 May 2012, 7:53 am by Joe Palazzolo
Dewey & LeBoeuf had been facing a Monday deadline to renegotiate a $100 million credit line with a syndicate of banks. [read post]
23 Feb 2012, 5:04 am by Daniel Schwartz
Regardless, employers should be aware of the restrictions this law places and draft any restrictive covenants to comply with this law. [read post]
5 Dec 2016, 3:01 am by Edgar (aka MrConsumer)
He said his bank account contract had a very similarly worded provision to this one in the new Citi credit card agreements: *MOUSE PRINT: What does this sound like to you? [read post]
6 Jan 2023, 6:31 am
Boards and management teams will need to understand how the process of obtaining commitments from direct lenders differs from, and in many ways is more burdensome than, the traditional approach of obtaining commitments from banks. [read post]
3 Aug 2009, 5:05 am
Jones (Scotland)(Diaz):claims of breach of fiduciary duty and embezzlement by corporate officers and employees, theft of trade secrets, and violation of covenant not to compete. [read post]
13 Oct 2008, 5:25 pm
In addition, Bank regulators are scouring through the lender's records looking for reasons to write down assets, making 'caution' the operative word in a lender's vocabulary today. [read post]
24 Jun 2010, 7:45 am by pfriedman
As The Economist reports, EMI is abandoning the business of producing music and instead converting to a business that exploits intellectual property rights: In recent days EMI’s owner, Terra Firma, a private-equity firm, has had to pump in fresh capital because it had breached its banking covenants. [read post]
14 Aug 2008, 4:54 am
The Transfer on Death Deed is analogous to signing signature cards for a bank account, and naming a beneficiary (except the Deed is filed and recorded). [read post]
30 Dec 2008, 10:22 am
   We had a wonderful dialog surrounding the implementation of the Uniform Environmental Covenants Act in Pennsylvania. [read post]
13 Nov 2009, 6:12 am
Mark Garmaise is an Associate Professor specializing in corporate finance, real estate, entrepreneurship and banking at UCLA Anderson School of Management [read post]
31 Dec 2020, 4:37 pm by Daniel Gardner
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25 Apr 2013, 2:46 pm by Larry Catá Backer
The G20 blamed a lack of confidence on uncertain government policies, impaired bank lending, public debt loads, and incomplete rebalancing. [read post]