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13 Nov 2008, 12:07 pm
The district court summarized the three ways in which federal law may preempt state law, and noted that while there is generally a presumption against federal presumption, that presumption does not apply to the banking industry because it is “‘an area where there has been a history of significant federal presence. [read post]
11 Nov 2008, 5:38 pm
Failure to Use Reasonable Best Efforts A covenant in the merger agreement required Hexion to use reasonable best efforts to consummate the financing of the deal pursuant to a commitment letter that Hexion signed with the lead banks prior to entering into the merger agreement. [read post]
22 Oct 2008, 7:13 pm
., is scrambling to restructure $1.6 billion in debt after it violated the covenants of its bank agreements. [read post]
22 Oct 2008, 11:56 am
We are surely living in times of manic-depressive equity and fixed-income markets ("We've made the future safe for Western financial institutions! [read post]
14 Oct 2008, 4:55 pm
Lamb held that in obtaining an “insolvency” opinion that Hexion then published in a press release and sent to the lead bank under the commitment letter, Hexion deliberately breached both its affirmative obligation under the merger agreement to arrange and consummate the financing and its negative covenant not to take any action that could impair the financing, as well as its obligation to give Huntsman prompt notice if it no longer believed it could obtain the… [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]
1 Oct 2008, 3:23 pm
  From the banks' standpoint, this deal is a disaster in light of the current markets. [read post]
1 Oct 2008, 11:10 am
The issue is only relevant to the obligation of the lending banks [read post]
27 Sep 2008, 6:33 pm
("AIG") entered into an $85 billion revolving credit facility (the "Credit Facility") and a Guarantee and Pledge Agreement (the "Pledge Agreement") with the Federal Reserve Bank of New York ("NY Fed"). [read post]
26 Sep 2008, 3:30 pm
The curtains come down and the lights go out when the abrupt exodus of partners, clients, and erosion of the revenue base, occasion breaches of bank lending covenants and a shut-off of credit. [read post]
23 Sep 2008, 3:06 pm
For his part, Fishman agreed to covenants related to confidentiality and intellectual property rights, as well as a two-year post-employment non-solicitation and non-competition agreement. [read post]
18 Sep 2008, 1:37 pm
  It's the classic case of good lawyers being able to write affirmative covenants as negative covenants - we aren't telling you who to hire, we're just holding a veto over who you do hire, and we veto the incumbent. [read post]
18 Sep 2008, 1:23 pm
The Federal Reserve Bank of New York’s announcement of an $85 billion bail-out of AIG came as a shock to many of us, and the precise terms of the lending agreement underlying the bail-out are still unclear. [read post]
15 Sep 2008, 8:42 pm
The current panic is that if AIG is downgraded to an A or BBB credit that loan covenants will kick in that could set off a chain reaction that could put the entire company at risk. [read post]
30 Aug 2008, 7:27 pm
IFRS 7 requires disclosure of defaults on borrowings and certain breaches of covenants. [read post]
14 Aug 2008, 3:14 pm
Although we usually don’t get worked up about working capital for Sunrise, when the bank line-of-credit is reduced (which it was in July) because of breeches in loan covenants, it does make one pay closer attention to some of the details. [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]
7 Aug 2008, 3:37 pm by James Peters
Over the past couple of months I have been dealing with a case against a major national bank on behalf of one of its former employees. [read post]