News & Analysis as of

Secured Debt Loan Agreements

Eversheds Sutherland (US) LLP

Whose right is it? Impact of bankruptcy on lender's prepetition exercise of proxy rights

In In re CII Parent, Inc., the Bankruptcy Court for the District of Delaware affirmed a secured lender’s prepetition exercise of its proxy rights and its subsequent removal and replacement of the directors/managers of the...more

BCLP

Marking your letter “subject to contract”: what does the label mean? Recent English Court of Appeal judgment

BCLP on

It is not uncommon to start a correspondence with a “subject to contract” label. But what does this mean? What is its legal effect?...more

Foley & Lardner LLP

Puerto Rico Case Highlights Need for Secured Parties to Adhere to Good Practices in Documenting Secured Transactions

Foley & Lardner LLP on

Manufacturers encounter financing statements in many contexts – as a borrower, as a supplier of goods sold on credit, as a seller in a leveraged acquisition, as a seller of equipment where financing is provided to the buyer...more

Bennett Jones LLP

Limitation Law and the Enforcement of Credit and Security Agreements

Bennett Jones LLP on

In June 2018, we wrote on the British Columbia Court of Appeal decision in Leatherman v 0969708 BC Ltd, 2018 BCCA 33, where the court considered sections 14 and 15 of the "new" Limitation Act, SBC 2012, c. 13 in the context...more

Blake, Cassels & Graydon LLP

Ontario Court Addresses Debt Re-Characterization Argument in CCAA Proceeding

On February 29, 2016, the Ontario Superior Court of Justice released a decision in the ongoing insolvency proceeding of U. S. Steel Canada Inc. (USSC). Two principal issues were addressed by the Court. First, whether amounts...more

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