News & Analysis as of

Borrowers United Kingdom

White & Case LLP

PIK a pocket or two?

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The macro-economic landscape of recent years, marked by rising interest rates and inflationary pressures, has significantly escalated borrowing costs in the European mid-market. This has prompted borrowers to explore...more

IR Global

Could an interest rate reduction reduce government expenditure?

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A 1% reduction in the Bank Rate would reduce the UK government's annual interest charges on the national debt, but the exact amount of the reduction depends on the proportion of the debt that is sensitive to changes in...more

Cooley LLP

Court of Appeal Provides Comfort to Lenders on Default Interest Clauses

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In Houssein & Others v. London Credit Ltd & Another[1], the Court of Appeal considered the proper application of the common law rules on penalties to a default interest clause in a loan agreement. Contrary to the conclusion...more

Proskauer Rose LLP

UK Tax Round Up - June 2024

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Welcome to the June edition of the UK Tax Round Up. This month features the latest Court of Appeal decision in a trilogy of recent cases regarding the loan relationship “unallowable purpose” test, an Upper Tribunal decision...more

White & Case LLP

High-profile deals in European regulators’ firing lines

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Dealmakers are learning to navigate a stricter regulatory environment as UK and EU authorities take an increasingly interventionist stance Global dealmaking experienced a slowdown in 2023 as the market battled headwinds on...more

White & Case LLP

Investors flock to investment grade debt markets

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Primary investment grade bond issuance surged in Q1 2024 as investors ramped up exposure to high-quality borrowers in a high interest rate environment. In the US, investment grade corporate borrowers secured US$429.7 billion...more

White & Case LLP

Governing law of loan agreements – why does it matter?

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Borrowers and lenders alike may be forgiven for running out of steam when, having negotiated ever more complex commercial grids, term sheets and loan agreements, one reaches the final line item – the governing law of the loan...more

Cadwalader, Wickersham & Taft LLP

An option to dispose of property does not necessarily give rise to a taxable disposal

In the appeal case of Krishnamohan v HMRC [2024] UKFTT 346, the UK’s First-Tier Tribunal (“FTT”) determined that an agreement titled “Option Agreement” that was entered into to dispose of certain properties, does not, for...more

Hogan Lovells

UK FCA finalises changes to create stronger framework to support borrowers in financial difficulty

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The FCA has published its final rules and guidance aimed at strengthening protections for borrowers in financial difficulty, incorporating aspects of the Tailored Support Guidance (TSG) introduced during the COVID-19 pandemic...more

White & Case LLP

Late rally softens leveraged loan landing

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A strong finish to 2023 helped to boost global leveraged loan issuance at the end of an otherwise rocky year for all key markets. The last 12 months were incredibly challenging for banks, investors and borrowers, as elevated...more

Hogan Lovells

Marginal Grains - Frozen out in Odessa

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Madison Pacific Trust Limited v (1) Sergiy Groza and (2) Volodomyr Naumenko ([2024] EWHC 267). On 8 February 2024, the High Court delivered judgment against two individuals who applied to set aside a worldwide freezing order...more

Hogan Lovells

Credit information: UK FCA publishes final report with remedies package for improving the market

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The Financial Conduct Authority (FCA) has published a final report containing remedies for the credit information market to help deliver better lending decisions for borrowers and improve competition and innovation for market...more

Proskauer Rose LLP

Green Loans – The FCA's Review of the Sustainability-Linked Loans Market

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Background On 29 June 2023, the UK’s Financial Conduct Authority (“FCA”) published a letter on the findings of its review of the sustainability-linked loans (“SLL”) market. SLLs aim to support sustainable economic activity...more

A&O Shearman

A penalty for your thoughts: default interest rate found to be penal

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The High Court has found a clause that imposed default interest of 4% per month on a defaulting party to be a penalty and therefore unenforceable....more

McDermott Will & Emery

Recent Legal Developments in the Mobility Sector

The mobility and automotive industry continues to undergo dynamic change. As the market evolves, so does the legal framework for the industry. Dr. Sebastian Keding, Dr. Heiko Kermer, Max Küttner and David G. Schäfer provide...more

Sullivan & Worcester

Fixed and Floating Charges: the Key is Control, but the Key to Control is Drafting

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In our April webinar “Risk Mitigation Techniques in Trade Financing Structures”, which I delivered with my colleagues Sam Fowler-Holmes and Maria Capocci, we discussed methods to mitigate risks all the way along the...more

White & Case LLP

Getting the deal done: How is European PE securing debt in a tight market?

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European PE dealmaking declined in 2022—down 38 per cent year-on-year, according to Mergermarket—as macro-economic uncertainty intensified, valuations became increasingly volatile, and financing tightened. Under the...more

White & Case LLP

Five factors that will influence leveraged finance in 2023

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European leveraged finance markets have been completely reconfigured in the past 12 months. Inflation, rising interest rates and geopolitical uncertainty have squeezed liquidity and seen high yield bond and leveraged loan...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden’s 2023 Insights – Five Critical Areas for the Year Ahead

The pandemic’s impact may be subsiding, but businesses are encountering new challenges across the globe, including the potential for an economic retrenchment, rising interest rates, shifting regulatory and litigation...more

A&O Shearman

Is now the worst time to refinance for the last five years, or the best time to refinance for the next five years?

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How is the loan market reacting to the economic environment, and how should borrowers respond? ...more

King & Spalding

Real Estate of Mind: Key UK/US Real Estate Insights for GCC Investors in 2023

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Following our inaugural Real Estate of Mind round up (see here) of trends in the sector earlier this year, as 2022 draws to a close, we have set off on the road once again to connect with clients and friends alike in Bahrain,...more

Dechert LLP

International Capital Markets Newsletter - October 2022, Issue 7: The Corporate Insolvency & Governance Act 2020

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As the UK teeters on the brink of what would appear to be an inevitable recession, new restructuring tools introduced in the UK in 2020 pursuant to the Corporate Insolvency & Governance Act 2020 (“CIGA”) will ensure that...more

Hogan Lovells

As economic headwinds increase, lenders need to focus more on ensuring good customer outcomes

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The FCA has highlighted its concerns that lenders may not be ensuring fair outcomes for borrowers who find themselves in financial difficulty. With the cost of living crisis and a potential economic downturn, borrowers have a...more

White & Case LLP

High yield bond markets tap the brakes

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High yield bond markets see issuance slow as borrowers and investors step back from new deals due to macroeconomic headwinds and geopolitical uncertainty Elevated inflation and interest rate hikes in Europe and the US,...more

Hogan Lovells

Borrowers in financial difficulty: FCA research report highlights areas of improvement for lenders

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In the context of its ongoing Borrowers in Financial Difficulty project, the FCA has published a research report that suggests there’s scope for more and better engagement by lenders with such customers. The message in the...more

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