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23 Oct 2011, 6:22 pm by Kenneth Anderson
 (The questions of sovereign debt covenant interpretation, or the triggering events in credit default swaps, or other private contract issues have always been understood to be about law and lawyers.) [read post]
22 Oct 2011, 5:05 am
A claim under a guarantee may raise similar or even the same issues as the claim against the principal debtor, but the covenant to pay is given by a different party, here the parent company. [read post]
16 Oct 2011, 6:42 pm by Law Lady
Appeals -- Preservation of issue -- Appeal alleging that circuit court had no procedural basis to enter final order -- Where nothing in plaintiff's appendix suggests he raised his procedural argument to the circuit court, and plaintiff has not provided a transcript of the hearing which led to the final order, the appellate court is forced to conclude that the plaintiff has not preserved his procedural argument -- Based on circuit court's factual findings, it cannot be concluded that the… [read post]
17 Sep 2011, 2:54 pm by Michael Stevens
(Covenant) appeals from the trial court's summary judgment finding that Bratschi D. [read post]
17 Sep 2011, 2:54 pm by Michael Stevens
(Covenant) appeals from the trial court's summary judgment finding that Bratschi D. [read post]
13 Sep 2011, 6:58 am
SunTrust Banks, Inc., No. 10-11912 (11th Cir. [read post]
12 Sep 2011, 1:06 am by Kevin LaCroix
As discussed below, the FDIC and the bank officer defendants have reached a settlement agreement that includes a stipulated judgment, assignment of insurance rights, release of claims against the individual defendants, and a covenant not to execute the judgment against the individual defendants. [read post]
8 Sep 2011, 7:30 am by admin
Moreover, a minority shareholder can now enter into business relationships or transactions with a bank or bank holding company on a case-by-case basis, based on the size of the proposed relationship or transaction, whether the relationship is on market terms, whether it is non-exclusive, and whether it may be terminated without penalty.8 Private equity minority shareholders may also communicate and consult with the board of the banking institution to influence the… [read post]
29 Aug 2011, 2:08 am by Kevin LaCroix
The bank’s closure represented the second largest bank failure during the current banking crisis, behind only the massive WaMu failure. [read post]
25 Aug 2011, 10:18 pm
BofA re practice & procedure in filing claims for possible abuse of BK process. http://t.co/3dmkXdg B-AL: Golf course subject to implied restrictive covenant to operate prohibits 363 sale free & clear of such covenant. t.co/O72CQfq B-SC: Bona fide dispute exists under §363(f)(4) if there's an obj. basis for disputing validity of asserted interest. t.co/qeKVel0 B-TX: Cplt for turnover of disputed debt per §542 not dismissed per FRCP 12(b)(6)… [read post]
25 Aug 2011, 9:36 am by Kenneth Anderson
 Some of these might have been avoided — for example, holdings of Greek sovereign bonds by German banks that were encouraged by capital rules — with prudential regulation that recognized the risks. [read post]
23 Aug 2011, 4:00 pm by Kenneth J. Vanko
Virginia's Supreme Court has not approved of a blue-pencil rule, though the case law there is employee-friendly in many respects and courts "discourage" modification of overbroad covenants. [read post]
18 Aug 2011, 2:31 pm by Dennis Crouch
Recent posts include a comparison of RPX versus ICAP's Covenant-Not-to-Sue Auction; a rip on a "patently clueless law firm"; a discussion of the most recent patent lawsuits stemming from Intellectual Ventures; and the post "Did A Banking Lobbyist Just Admit To Buying Its Own Section Of Patent Reform? [read post]
17 Aug 2011, 2:32 pm by Victor
Steven A Bank, Origins of a Flat Tax, 73 Denv. [read post]
12 Aug 2011, 8:12 am by Stephane Dupont
" An association, first and foremost, has a fiduciary responsibility to enforce its covenants. [read post]