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Contract Drafting › Contract Terms › Lenders

Nelson Mullins Riley & Scarborough LLP

Make-Whole Premiums in Bankruptcy: Clarity in Drafting, Certainty in Recovery

Nelson Mullins Riley & Scarborough LLP on

In the world of commercial lending, certain contract provisions often go unnoticed—until the moment they matter most. Make-whole premiums are one such example. Typically tucked deep in loan agreements, these provisions are...more

Cadwalader, Wickersham & Taft LLP

A Halloween Scare: Ambiguity in Loan Terms

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A recent decision in the Commercial Division of the Supreme Court, New York County, emphasizes the importance of clear and unambiguous contract drafting in all lending situations, including real estate. Acting Supreme Court...more

Freiberger Haber LLP

First Department Reminds Practitioners that “proofreading is an essential, indispensable tool in the drafting of contracts”

Freiberger Haber LLP on

It should go without saying that people make mistakes. After all, people are human, and humans make mistakes. When people draft a document, especially a lengthy or complex one, it is not uncommon for a mistake to be...more

Bracewell LLP

Implied Terms: Fairness in hindsight is insufficient

Bracewell LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

Dealing on Written Standard Terms of Business—Guidance from the English Court of Appeal

Pillsbury Winthrop Shaw Pittman LLP on

The English Court of Appeal considers whether the use of model form agreements could constitute dealing “on written standard terms of business” The decision will give comfort to lenders who use precedents or model form...more

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