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7 May 2024, 9:05 pm
It is based on their recent article, “Do Firms Withhold Loan Covenant Details? [read post]
6 May 2024, 10:00 pm
Affirmative, Negative, and Financial Covenants Read this overview of the covenants found in credit agreements, along with the processes by which loan parties are captured, or not, by those covenants. [read post]
5 May 2024, 6:44 pm
While Hong Kong’s ratification to the International Covenant on Civil and Political Rights (ICCPR) occurred in 1976 during the colonial era as the United Kingdom’s ratification was extended to the then dependent territory, Annex I, Section XIV of the 1984 Sino-British Joint Declaration and Article 39 of Hong Kong’s Basic Law legally guarantee that the ICCPR remains in force in Hong Kong since the end of the colonial era on 1 July 1997. [read post]
27 Apr 2024, 12:16 pm
“Under Illinois law, courts may look at the following factors to determine whether the parties intended to reduce their agreement to writing: whether the type of agreement involved is one usually put into writing, whether the agreement contains many or few details, whether the agreement involves a large or small amount of money, whether the agreement requires formal writing for the full expression of the covenants, and whether the negotiations indicated that a formal written document… [read post]
25 Apr 2024, 11:18 am
However, the Federal Deposit Insurance Corporation’s (FDIC) recent bank merger guidelines banned the enforcement of non-compete agreements for employees at banks of all sizes in certain contexts. [read post]
25 Apr 2024, 8:41 am
Today's advance release foreclosure law opinion: M&T Bank v. [read post]
24 Apr 2024, 12:26 pm
For more information, please visit spencerfane.com. 1For example, the FTC does not govern certain industries, such as banks, nonprofits, air carriers, etc. [read post]
22 Apr 2024, 10:00 pm
They are often used in this way to bolster or supplement more traditional restrictive covenants and covenants not to compete. [read post]
22 Apr 2024, 10:00 pm
Affirmative, Negative, and Financial Covenants Read this overview of the types and purposes of covenants found in credit agreements, along with the process by which loan parties are captured, or not, by those covenants. [read post]
16 Apr 2024, 12:32 pm
” As an example, if you took two hours from work to go to a bank to set up your new, competitng business account, then the employer can seek disgorgement (a return of), the two hours of pay you received while acting disloyally. [read post]
16 Apr 2024, 12:32 pm
” As an example, if you took two hours from work to go to a bank to set up your new, competitng business account, then the employer can seek disgorgement (a return of), the two hours of pay you received while acting disloyally. [read post]
8 Apr 2024, 10:00 pm
Commercial Agreement Representations, Warranties, Covenants, Rights, and Conditions Read about the critical contract components of representations, warranties, covenants, rights, and conditions, and how they interrelate with each other to form an agreement. [read post]
8 Apr 2024, 9:01 pm
In addition to the above-quoted definitions, the EO provides certain clarifications regarding the scope of the forthcoming regulations that may alleviate some concerns as to their breadth: The regulations will not cover transactions that are ordinarily incident to and part of the provision of financial services, including banking, capital markets, and financial insurance services, or required for compliance with any federal statutory or regulatory requirements, including any regulations,… [read post]
31 Mar 2024, 11:24 am
Judge Battaglia found that this extrinsic evidence suggests a potential for coverage because it supports a finding that the treasurer committed a wrongful act when he transmitted payment to the wrong bank account. [read post]
14 Mar 2024, 9:03 pm
The Federal Housing Finance Agency (FHFA) adopted a final rule permitting its regulated entities—Fannie Mae, Freddie Mac, and the Federal Home Loan Banks—to invest in mortgages encumbered by private transfer fee covenants. [read post]
27 Feb 2024, 2:42 pm
This qualitative empirical evidence shows that regulation, the structure of the loan industry, and the rise of shadow banking have all contributed to the cov-lite and gov-lite trends. [read post]
21 Feb 2024, 8:46 am
On March 6, the Minsk City Court decided to keep the property and bank accounts of Paval LAtushka under arrest. [read post]
15 Feb 2024, 9:08 pm
Authors: Ray Giblett, James Morris, Rajaee Rouhani, Stephen Lee, Jeremy Moller, Charles Nugent-Young, Merren Taylor, Timothy Chan, Joshua Kan, Dylan Sault and Steven Li Welcome to our first wrap up of the year! [read post]
8 Feb 2024, 10:18 am
Royalty Fee”) on top, in violation of NY GBL §§ 349 and 350 (along with breach of the implied covenant of good faith and fair dealing and unjust enrichment). [read post]
4 Feb 2024, 9:05 pm
Private credit funds provide financing based on a floating-price mechanism (floating interest re-priced every 30-90 days), in addition to bargaining for stricter covenants (including financial maintenance covenants) than bank lenders do. [read post]
