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Financial Institutions › Due Diligence › Lenders

McGlinchey Stafford

Ohio Supreme Court Clarifies Disclosure Duties Between Creditors and Sureties

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In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to...more

White & Case LLP

Compliance challenges posed by the new Italian Anti-Mine Financing Regulations

White & Case LLP on

In a landscape where defence investments are increasing sharply due to escalating geopolitical conflicts, navigating the regulatory framework governing restrictions on weapons-related investments is key for lenders and...more

Miles & Stockbridge P.C.

What You Need to Know About Freddie Mac’s Recent Update

Miles & Stockbridge P.C. on

Freddie Mac published last Thursday an update to the Freddie Mac Guide, which included a discussion of various underwriting, fraud detection and loan document changes. Here's what you need to know...more

Akin Gump Strauss Hauer & Feld LLP

Cybersecurity & Data Privacy Issues in Fund Finance

Akin Gump Strauss Hauer & Feld LLP on

During the course of any lending transaction, lenders will conduct a due diligence review of the borrower, including reviewing any relevant “know-your-customer” information. In the context of a fund finance transaction, this...more

Miller Nash LLP

Why Does My Lender Want My Attorney to Send It an Opinion Letter?

Miller Nash LLP on

Although they have been around for many years, it is becoming more common for a commercial loan lender to require that the borrower’s counsel provide it with an opinion letter. At first blush, this may seem like an oddity:...more

Latham & Watkins LLP

Equator Principles Association Issues Guidance Note

Latham & Watkins LLP on

The Guidance Note aims to support Equator Principles Financial Institutions navigating the environmental and social due diligence process. In July 2022, the Equator Principles Association published a Guidance Note on how...more

Proskauer Rose LLP

Fraud in Subscription Credit Facilities

Proskauer Rose LLP on

Recent press coverage has brought to light allegations of fraud in relation to a subscription credit facility made available to a fund managed by a Florida-based private equity fund manager, JES Global Capital. The...more

Morrison & Foerster LLP

The Workout Journey: Seven Rules For The Road (Lender’s Perspective)

Morrison & Foerster LLP on

If the current coronavirus (COVID-19) situation persists, real estate lenders increasingly will be faced with the need to restructure loans in their portfolios. Lenders that held non-performing real estate loans during prior...more

Vedder Price

EU Risk Retention Undertakings in U.S. General Equipment ABS: Evolving Market Practice

Vedder Price on

For companies seeking to finance general equipment assets via asset backed securitization (ABS) instruments, risk retention has become an important consideration. In response to the latest financial crisis, both the U.S. and...more

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