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Borrowers Lenders Banking Sector

White & Case LLP

Sanctions move up the agenda for lenders and borrowers

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Compliance with sanctions regimes has been a priority for debt markets. Amid rising geopolitical tensions, the stakes for lenders and borrowers are higher than ever - Intensifying geopolitical tensions and the US...more

Rivkin Radler LLP

[Webinar] Navigating Lender Relationships in Good Times and Bad - September 12th, 10:00 am EST

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Please join us as we discuss the intricacies of the creditor-borrower relationship and best practices to ensure a successful and profitable lending partnership....more

Orrick, Herrington & Sutcliffe LLP

New York Fed analyzes economic impacts of bank and nonbank private credit expansions

On August 20, the New York Fed released an economic analysis titled “The Disparate Outcomes of Bank- and Nonbank-Finance Private Credit Expansions.” The analysis revealed that while long-term trends in increased access to...more

J.S. Held

Lending Climate in America – 2nd Quarter 2024 Survey

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With inflation continuing to impact the US economy, lenders are focused on the economic impact of elevated interest rates. Lenders’ expectations for the US economy’s performance in the longer term – beyond the next six months...more

White & Case LLP

Private debt diversifies into infrastructure

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Private debt funds are rapidly expanding into a segment of the market traditionally dominated by banks - Bank lenders have traditionally been the primary providers of debt to finance infrastructure project development, but...more

Kilpatrick

The Hidden Risk for Lenders for Implied Fiduciary Duty

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Fiduciary duty may be implied in certain “special circumstances where a lender (i) takes on “extra services” for the borrower, (ii) receives greater economic benefit from a typical transaction; or (iii) exercises extensive...more

Wilson Sonsini Goodrich & Rosati

Revenue Purchase or Predatory Loan? New York Attorney General Targets Merchant Cash Advance Providers

On March 5, 2024, the New York Attorney General (AG) Letitia James sued Yellowstone Capital LLC (Yellowstone) and various affiliates, accusing them of running a predatory lending operation by disguising the loans as purchases...more

White & Case LLP

European leveraged finance enters new era

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High interest rates weighed down on deals, precipitating a drop in leveraged loan issuance in 2023. However, there are reasons to be optimistic that deal activity will pick up in 2024 - As our latest leveraged finance...more

Orrick, Herrington & Sutcliffe LLP

Federal Reserve releases January SLOOS report on bank lending practices from Q4 2023

On February 5, the Federal Reserve Board released the results from their January 2024 Senior Loan Officer Opinion Survey (SLOOS) on bank lending practices. The SLOOS addressed changes in standards, terms, and the demand over...more

J.S. Held

Lending Climate in America – 4th Quarter 2023 Survey

J.S. Held on

Interest rates and inflation have been the big drivers of the US economy as of late, but lenders are increasingly optimistic for 2024, despite some challenges. Lenders foresee interest rate declines beginning in 2024 – with...more

Awatif Mohammad Shoqi Advocates & Legal...

What Are the Legal Consequences of Defaulting on a Bank Loan in the UAE?

Introduction In the UAE, defaulting on a bank loan is regulated by two important laws: Federal Decree-Law No. 42/2022 on Civil Procedure Law and Federal Decree-Law No. 50/2022 on Commercial Transactions, specifically Bank...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Decades-Old Question Answered: Term Loans Are Not Securities

A recent appellate ruling, Kirschner v. JPMorgan Chase Bank, N.A., rejected the contention that syndicated term loans should be treated as securities, affirming the long-held view by market participants that these loans are...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published October 2023: Banking and Financial Services

The banking and financial services industry requires counsel that runs the gamut from Uniform Commercial Code litigation and transactional work to the development of nationwide consumer credit programs and legislative...more

Paul Hastings LLP

Loan Market Update: Q1-Q3 Recap, Trends & What’s Next

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From Q1-Q3 of 2023, the U.S. loan market was marked by novel deal patterns and uneven market activity. Initially, the bulk of deals were portfolio work, including amend & extend transactions, covenant relief amendments and...more

White & Case LLP

Subdued macro conditions shelve major loan activity

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Loan issuance across all major jurisdictions saw year-on-year double-digit declines during the first half of 2023, as high inflation and rising interest rates continued to weigh on loan activity The first half of 2023 has...more

Alston & Bird

Structured Finance Spectrum - Summer 2023

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Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights: V 3, Issue 7, August 2023

Giant Banks Paid More for Deposits in Q2. That's Bad News for Small Lenders. “But many smaller institutions, some of whom turned to more expensive borrowings to replace deposits lost in the spring, don't have as many...more

ArentFox Schiff

Potential Approaching Storm in Commercial Real Estate: Recent Updating of Great Recession Guidance

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Nearly 14 years ago, guidance was provided by federal regulators to facilitate commercial real estate loan work-outs. Rather than ‘extend & pretend,’ regulators had encouraged, and are encouraging, banks to work with...more

Sullivan & Worcester

Drawing the line – Where are we now on USD LIBOR transition in the trade finance sector?

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Jacqueline Cook, Of Counsel and Larissa Head, Trainee Solicitor, provide an update on the transition away from USD LIBOR with the deadline of 30 June 2023 upon us. What do market participants in the trade finance industry...more

Hogan Lovells

Going with the flow – the appeal of the forward flow transaction in structured finance

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Forward flow transactions are a useful product in the finance armoury for both lenders and borrowers. We discuss in this article some of the main features of forward flow transactions, why they are useful and some points to...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

Fenwick & West LLP

Silicon Valley Bank Closure: Updated Considerations Following the Creation of Silicon Valley Bridge Bank, N.A.

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Considerations relating to Silicon Valley Bank (SVB)’s closure have continued to evolve as a result of the recent announcement by the Federal Deposit Insurance Corporation (FDIC) that it has transferred all deposits—both...more

Seward & Kissel LLP

Bank Contagion Spreads, Celsius Still Sending the Wulf? Voyager Nearing End of Journey, and Info (Salary) Wars

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Crypto-friendly lender Silvergate collapses | CNBC - Silvergate, a Crypto focused lender, announced it will wind down its operations and voluntarily liquidate the bank. This announcement comes a week after Silvergate...more

A&O Shearman

SGCA: Obligation to pay entire interest charged on a loan upon default was an unenforceable penalty

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In Ethoz Capital Ltd v Im8ex Pe Ltd (2023), the Singapore Court of Appeal held that a "make whole" payment of interest clause was an unenforceable penalty as, among other things, the requirement to immediately pay on default...more

Baker Donelson

Countdown Begins for Compliance with New York's Commercial Finance Disclosure Law as New York Issues Final Rule

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The New York State Department of Financial Services issued its final rule on February 1, 2023, implementing the state's new Commercial Finance Disclosure Law. Commercial financing providers that are subject to the law have a...more

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