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Floating Charges Under English Law and Their U.S. Counterparts: A Comparative Insight for Cross-Border Lenders

Creditors under English law can take many forms of security, including fixed charges, mortgages and assignments. One of the more unique features of English security is the floating charge. The English legal system...more

New York State Assembly Reintroduces Legislation Imposing Recording Tax on Mezzanine Debt and Certain Preferred Equity Investments

On January 22, 2021, several New York State Assembly Members reintroduced legislation (Bill No. A03139) that seeks to amend New York’s Real Property Law and Tax Law, New York’s Tax Law and New York’s Uniform Commercial Code...more

Fed Updates its Guidance for the Main Street Lending Program

The update generally provides further clarifications to existing guidance, but one change regarding the Expanded Loan Facility could enable eligible borrowers to access additional funding that was previously unavailable to...more

The Main Street Lending Program: Additional Guidance for Lenders

Banks considering lending under the Main Street Lending Program should take note of additional guidance issued by the Federal Reserve Bank of Boston. Eligible Lenders have the option to condition their funding of a Main...more

Mitigating CFIUS Risks for Foreign Lenders and Investors as Defaults and Uncertainty Mount in the COVID-19 World

TAKEAWAYS - A transfer of control of a borrower or its business to non-U.S. lenders who exercise remedies under financing documents could trigger CFIUS issues. CFIUS regulations adopted in February 2020 dramatically...more

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