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Financial Institutions › Lenders › Breach of Contract

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

Poyner Spruill LLP

Enemy of a Lender: Ambiguity in Loan Documents

Poyner Spruill LLP on

Loan document terms are ambiguous when they are reasonably capable of being interpreted in more than one manner. Contract law often provides that an ambiguous term in a loan document is interpreted against the drafting party....more

Pillsbury Winthrop Shaw Pittman LLP

VietJet v FW Aviation: Latest Developments

Pillsbury Winthrop Shaw Pittman LLP on

In the context of security assignments, the judgment again emphasises the distinction between day-one assigned rights, on the one hand, and other rights and remedies exercisable only following an enforcement event, on the...more

A&O Shearman

Good faith in secured finance?

A&O Shearman on

The court implied a good faith term constraining a lender’s discretion to refuse a borrower's request to dispose of assets in a secured financing context. A power to consider requests for disposals - A facility agreement...more

Jackson Walker

COVID-19 & Your Business: Frequent Questions

Jackson Walker on

With heightened concern about the possible spread of COVID-19, a number of issues arise that concern businesses of all kinds. In this article, we discuss some questions companies frequently ask. Because physicians and...more

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