Contract Disputes, Contract Terms, Lenders

How Bankruptcy Courts Interpret Intercreditor Agreements: The Uncertainty of Judicial Perspective

Clark Hill PLC on 5/5/2025

Intercreditor Agreements typically are contractual arrangements among lenders of similar or differing priorities to a single borrower secured by the assets of the borrower, often including real estate assets. These multiple...more

A Borrower Defaulted: Now What? Your Critical First Steps

Shipman & Goodwin LLP on 4/30/2025

When a borrower defaults under a loan agreement, you face a dual challenge: time pressure demands swift action, while legal complexities require precision. Whether confronting missed payments, breached financial covenants, or...more

Understanding How ‘Course of Performance’ Principles Impact Financings

Mayer Brown on 4/9/2025

EXECUTIVE SUMMARY - When contract language is ambiguous and the court is tasked with finding the intended meaning, interpretation principles – such as “course of performance” – may be used. But did you know this principle...more

Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender

Bradley Arant Boult Cummings LLP on 5/9/2024

In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien...more

B.C. Court of Appeal Decision Reminds Parties to Contracts to Read Before Signing

Bennett Jones LLP on 10/4/2021

Written contracts are an essential tool in confirming the terms of an agreement between two parties following an apparently successful negotiation. Yet too often parties treat such agreements as mere formalities, signing them...more

[Webinar] Navigating the Legal, Economic, and Business Challenges of the Coronavirus Pandemic - March 26th, 1:15 pm - 3:00 pm EDT

Nelson Mullins Riley & Scarborough LLP on 3/23/2020

Nelson Mullins will host a webinar on topics related to the COVID-19 outbreak on March 26. Topics to be presented: - Business Continuity, Force Majeure, and Potential Defenses to COVID-19 Related Contractual...more

Implied Terms: Fairness in hindsight is insufficient

Bracewell LLP on 8/9/2018

The Court of Appeal’s judgment in Bou-Simon v BGC Brokers LLP [2018] EWCA Civ 1525 reaffirms the law on implied terms. The Court also offered some interesting non-binding views on the circumstances in which words deleted from...more

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