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Lenders › Breach of Contract › Contract Disputes

Poyner Spruill LLP

Enemy of a Lender: Ambiguity in Loan Documents

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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

Nelson Mullins Riley & Scarborough LLP

The Cost of An Early Payday: Lessons from Tatis Jr.'s Advance Financing Agreement

Nelson Mullins Riley & Scarborough LLP on

In professional sports, financial windfalls often come after years of uncertainty and risk. Fernando Tatis Jr., the San Diego Padres right fielder, provides a striking example. Early in his minor league career, he accepted a...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

Walkers

Privy Council clarifies secured party’s duty when realising security

Walkers on

The Privy Council has clarified that the duty of care to "obtain the best price reasonably obtainable" in the sale of secured collateral does not require a secured party to improve an asset before sale to obtain the best...more

Ward and Smith, P.A.

The Economic Loss Doctrine: A Valuable Shield for Lenders

Ward and Smith, P.A. on

Sometimes, they may even accuse you of causing them harm through negligence, breach of contract, or even breach of fiduciary duty. While the typical borrower-lender relationship doesn't create a fiduciary duty, certain...more

Mayer Brown

Serta and Mitel: The Latest Major Court Decisions on Uptier Transactions

Mayer Brown on

Summary: On December 31, 2024, two major appellate court decisions addressed the legality of uptier financing transactions—one involving Serta Simmons Bedding (“Serta”) and the other Mitel Networks Corporation (“Mitel”). Both...more

King & Spalding

S.D.N.Y. Reiterates that the Implied Covenant of Good Faith and Fair Dealing May Not Create Obligations Inconsistent with Parties’...

King & Spalding on

On March 25, 2025, the U.S. District Court for the Southern District of New York denied a motion to dismiss a lender’s claims for declaratory judgment and other relief under an intercreditor agreement (“ICA”), rejecting the...more

Shipman & Goodwin LLP

A Borrower Defaulted: Now What? Your Critical First Steps

Shipman & Goodwin LLP on

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

Understanding How ‘Course of Performance’ Principles Impact Financings

Mayer Brown on

EXECUTIVE SUMMARY - When contract language is ambiguous and the court is tasked with finding the intended meaning, interpretation principles – such as “course of performance” – may be used. But did you know this principle...more

Bennett Jones LLP

B.C. Court of Appeal Decision Reminds Parties to Contracts to Read Before Signing

Bennett Jones LLP on

Written contracts are an essential tool in confirming the terms of an agreement between two parties following an apparently successful negotiation. Yet too often parties treat such agreements as mere formalities, signing them...more

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