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Risk Management › Collateral

Shipman & Goodwin LLP

A Borrower Defaulted: Now What? Your Critical First Steps

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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

Mayer Brown

Subscription Credit Facilities: Understanding the Collateral

Mayer Brown on

Subscription credit facilities, commonly referred to as “sub-lines” or “capital call facilities,” are a cornerstone of private equity finance. These facilities are secured by a bespoke collateral package that protects lenders...more

Amundsen Davis LLC

Recognizing When to Engage Counsel in Commercial Lending Transactions

Amundsen Davis LLC on

Automated loan software can be effective for documenting consumer loans and some basic low-value commercial loans. However, most commercial transactions require greater attention on the front end than simple form generation....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Bermuda Monetary Authority Issues Papers on Collateral Structures, Liquidity Risk and Private Credit

Skadden, Arps, Slate, Meagher & Flom LLP on

Increased strengthening of the global regulatory landscape in the (re)insurance industry has led to a similar increase in engagement between regulators and those they regulate. Specifically, Bermuda continues to be an...more

White & Case LLP

Publication of Joint Discussion Document on Expansion of Eligible Collateral Types and Risk Mitigation Published for Comment

White & Case LLP on

In 2015, a policy framework on the margin requirements for non-centrally cleared over-the-counter derivatives (OTC Derivatives) transactions was published by the Basel Committee on Banking Supervision and the International...more

Miller Canfield

Practice Pointer: Review Your Loan File Now to Avoid Problems Later

Miller Canfield on

When a loan becomes distressed, it is essential for the secured lender to conduct a file review to determine if there are any deficiencies that need to be addressed. If deficiencies are not addressed, the lender’s collateral...more

Jones Day

Bank of England Publishes Discussion Paper on Risk Management Systems for Collateral Referencing LIBOR

Jones Day on

The Situation: The LIBOR manipulation scandal and vanishing liquidity in the London inter-bank market for time deposits led the Financial Conduct Authority ("FCA") to announce that at the end of 2021, banks would no longer be...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

Seyfarth Shaw LLP

Historic Risk Management Rules and Practices Go Live on March 1, 2017 in Leading Markets

Seyfarth Shaw LLP on

For the first time in the history of derivatives, regulators in leading markets will require assets to collateralize many derivatives which are not settled in a regulated clearinghouse. It is not possible to overstate...more

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