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Fixed or floating? The English High Court considers the nature of security granted by Avanti

The administrators of Avanti Communications Limited (the “Company”) sought directions from the High Court as to whether purported fixed charges in favour of the secured lenders to the satellite operating business should be...more

Beware the Ides of March – practical considerations if your bank is failing

Everybody knows that, logically, banks can fail. Few expect them to. Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on 10 March 2023, and the Federal Deposit Insurance Corporation (FDIC) appointed as...more

LMA, LSTA and APLMA issue revised Green, Social and Sustainability-Linked Loan Principles and Guidance

On 23 February 2023, the Loan Market Association (LMA), the Loan Syndications & Trading Association (LSTA) and the Asia Pacific Loan Market Association (APLMA) published updated versions of Green Loan Principles and Guidance,...more

Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience...more

European leveraged loan restructurings: why the next downturn will be different

Although the IMF recently announced at Davos that it would upgrade its global economic forecasts, with an improvement predicted in the later part of 2023 and into 2024, times remain difficult for many companies and their...more

Potential additional hurdle to clear if interest on intra-group debt is to be tax deductible in the UK

In applying the UK’s transfer pricing rules, tax advisers have to think beyond the amount of the debt and the interest rate to get comfortable that an intra-group loan is going to be tax deductible. Following a recent case,...more

Italy’s highest court clarifies the impact of anti-competitive provisions in personal guarantees

A recent judgment of the United Sections of the Italian Supreme Court of Cassation, the “ABI Forms Case” clarified the treatment of personal guarantees documented on the basis of the ABI’s (the Italian Banks' Association)...more

New Release: Insurance Horizons Brochure 2021

The global pandemic brought a wave of changes and developments that have impacted, and continue to impact, the insurance sector. As we look ahead, we see further change on the horizon. Around the world, we continue to...more

Financial Institutions Horizons 2021

Financial Institutions Horizons is a snapshot of key legal topics and market trends across the globe, shaping the future of the financial institutions market. When we conceived the Horizons series in 2018, the financial...more

Security is not "enforceable" if a required creditor consent has not been obtained

The recent English case Arlington Infrastructure Ltd (in administration) and another v Woolrych and others demonstrates the importance of a secured creditor obtaining any consent necessary under the terms of intercreditor...more

COVID-19: UK Government extends support to private equity-backed businesses

Earlier this month, we published a note outlining the key preliminary features of the UK Government-backed Coronavirus Large Business Interruption Loan Scheme (the "CLBILS").  Since then, and ahead of the CLBILS's launch on...more

COVID-19: The UK government's additional financial support package may assist portfolio businesses

When the UK Government introduced its package of temporary measures to support businesses during the Covid-19 outbreak, its Coronavirus Business Interruption Loan Scheme (the "CBILS"), which aims to support the continued...more

COVID-19 – a health check for European leveraged financings

The impact of COVID-19 is developing fast across the globe and across industries.  We outline a selection of the issues which we are currently busy discussing with lenders, sponsors and portfolio businesses in various...more

Debt Capital Markets – Global Insights – Spring 2020

We are delighted to present the Spring 2020 edition of Hogan Lovells’ Debt Capital Markets Global Insights. This draws together a collection of articles from across our global network, reflecting on current events and topical...more

EC publishes its Final Report on EU loan syndication and its impact on competition in credit markets

The long awaited European Commission report into syndicated lending was published this yesterday. This report (produced for the European Commission by Europe Economics) follows the EC’s investigations into potential...more

No passport, no loan?

The first signs of spring remind us that EU Exit day is fast approaching but a deal between the EU and the UK is proving elusive. If passporting rights are lost what impact will that have on existing and new corporate loans...more

Insights from the Debtwire European Mid-Market Forum

We were delighted to sponsor last week's Debtwire European Mid-Market Forum which brought together the mid-market leveraged loans community, including many debt funds and other alternative lenders and banks....more

Spot the defect

A County Court decision has examined whether a deed which failed for invalid execution can survive as a simple agreement and whether, when that defect is apparent on the face of the deed, a party seeking to rely on that deed...more

Catch a fish by its tail: has Senator Pat Toomey hooked the U.S. Leveraged Loans Guidance?

What has the U.S. Fish and Wildlife Service got in common with the U.S. banking agencies [1]? Simple: the U.S. Government Accountability Office (the "GAO"), which investigates financial matters on behalf of Congress, has...more

Leveraged Finance Update - May 2017

The search for yield continues...Techniques honed in the more mature US leveraged finance market continue to be imported into European deals and then across to the APAC markets, requiring skillful reworking in some cases to...more

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