Loans, Loan Agreements, Breach of Contract

Of Whiskey and Martha’s Vineyard Realty: Federal Receivership Ordered for Fast Growing Uncle Nearest Brand

White and Williams LLP on 8/18/2025

Companies facing financial difficulties often utilize Chapter 11 to help effectuate a restructuring or sale as part of a case filed in the United States Bankruptcy Court. In other instances, a company’s lender – impatient...more

Subscription Credit Facilities: The Importance of an Investor’s Agreement to Fund Without “Setoff, Counterclaim or Defense”

Mayer Brown on 2/26/2025

EXECUTIVE SUMMARY - Subscription credit facilities rely on the obligations of investors to a private investment fund (“Fund”) to contribute their capital commitments to the Fund when called. From a subscription credit...more

High Court Ruled That Lender Suffered No Loss Despite Negligent Valuation of Security

Cadwalader, Wickersham & Taft LLP on 12/18/2023

On 27 September 2023, the British High Court ruled that the claimant relying on the defendant’s report suffered no actionable loss, despite the defendant’s admission of negligence. ...more

Is it A Usurious Loan or The Sale of a Receivable?

Freiberger Haber LLP on 9/20/2023

By: Jeffrey M. Haber In our last article (here), we examined a choice-of-law provision that, if applied, would violate New York public policy concerning usurious loans. In that case, Virginia law, which does not prohibit...more

Michigan Supreme Court Refuses to Enforce Usury Savings Clause in a Commercial Mortgage

Troutman Pepper Locke on 7/12/2023

In Soaring Pine Capital Real Estate & Debt Fund II, LLC v. Park Street Group Realty Services, LLC, the Michigan Supreme Court considered whether a court may enforce a usury savings clause in a mortgage agreement. A usury...more

Liquidity, MAC and Cessation of Business in English Law Loan Financings

A&O Shearman on 3/27/2020

The COVID-19 pandemic and the responses adopted by governments around the world to mitigate its human cost will have a considerable impact on economic activity. We are seeing the forced closures of businesses and restrictions...more