News & Analysis as of

Collateral Uniform Commercial Code (UCC) Financial Services Industry

Cadwalader, Wickersham & Taft LLP

Stablecoins Have a UCC Problem

Highlights: Stablecoins are likely to be characterized as general intangibles under the UCC of non-Article 12 states....more

Troutman Pepper Locke

Taking Stock of Liens While There Is Still Time – Do You Really Have the Collateral? - Creditor’s Rights Toolkit

Troutman Pepper Locke on

Trade creditors are usually grouped with “general unsecured creditors” in bankruptcy, but some have liens that can elevate their claim priority. To achieve this, the lien must be properly granted and perfected under...more

Cadwalader, Wickersham & Taft LLP

A New Age of PerFFFection June 2024 - Potential Impact of UCC Article 12 on Fund Finance Transactions

At the bottom of the stack in investment fund structures, there are generally “real” assets—things like equity interests in portfolio companies, mortgage loans, commercial receivables, maybe even bricks and mortar. Fund...more

Cadwalader, Wickersham & Taft LLP

Taking Control August 2023 - Control or Control Agreement

As most of our readers know, the majority of subscription facilities are secured by the right to call capital and receive capital contributions from the fund’s investors and the bank deposit account into which those capital...more

White and Williams LLP

Mortgage and Pledge of Equity — Clogging the Equity of Redemption?

A recent decision by the Supreme Court of New York, New York County, addressed the issue of whether the borrower's equity of redemption was being impermissibly "clogged" by a foreclosing lender. The case, HH Cincinnati...more

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