News & Analysis as of

United Kingdom Guarantors

Hogan Lovells

English Supreme Court holds that the Etridge protocol applies to hybrid loan transactions

Hogan Lovells on

Lenders in the retail market will be familiar with the Etridge protocol, which (in summary) requires them to ensure that the guarantor of a loan must first obtain independent legal advice, in order to minimise the risk that...more

Cadwalader, Wickersham & Taft LLP

From Big Ben to the Big Apple, June 2025 - Westminster Meets Wall Street: U.S. Law Considerations in English Law Facilities...

Fund finance is and always has been by nature a cross border enterprise. While there are a number of lenders that we represent in the United States that lend to funds exclusively organized in the U.S.– typically in Delaware –...more

Latham & Watkins LLP

Release Me From My Bands Or Else My Project Fails Third Party Releases in Schemes

Latham & Watkins LLP on

Third-Party Releases are common in English law schemes of arrangement and restructuring plans, and US courts have so far indulged that approach in granting recognition. If Prospero’s plea to the audience at the...more

A&O Shearman

The difference between suretyship guarantees and demand guarantees

A&O Shearman on

A guarantee is essentially a promise by a third party to ensure that an obligor meets its liabilities to another. There are two main types of guarantee that we meet in finance transactions: suretyship guarantees and demand...more

White & Case LLP

Anglo-American relations: A special relationship with subtle differences

White & Case LLP on

Much has been written about the influence of US terms on European transactions and particularly the steady migration of US concepts into English law facilities agreements, resulting from the supply-demand imbalance in the...more

A&O Shearman

Secured creditor has no absolute duty to preserve or maintain security for benefit of surety

A&O Shearman on

Although a secured creditor has an equitable duty to perfect its security, there is no “absolute” duty on a creditor to preserve or maintain the security for the benefit of a guarantor. A creditor may however be required to...more

Hogan Lovells

Spot the defect

Hogan Lovells on

A County Court decision has examined whether a deed which failed for invalid execution can survive as a simple agreement and whether, when that defect is apparent on the face of the deed, a party seeking to rely on that deed...more

A&O Shearman

Creditors not obliged to protect security interest by taking step in foreign insolvency proceedings

A&O Shearman on

A borrower and a guarantor had no realistic prospect of successfully arguing that their obligations to repay a loan had been discharged due to a secured creditor’s failure to take steps to protect its security interest under...more

Proskauer Rose LLP

UK Regulation Round Up - January 2017

Proskauer Rose LLP on

Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK regulation for alternative asset managers. The start of 2017 saw a number of regulatory developments including...more

K&L Gates LLP

Overriding Interest

K&L Gates LLP on

Welcome to the latest edition of Overriding Interest. Inside this issue: - Brexit and the Real Estate Sector—Impacts - Forfeiture: The Right of Re-Entry - New Joiners, Events & Announcements - Cases ...more

Cooley LLP

Blog: Part VII Transfers: UK Court makes an order affecting a New York excess & surplus lines trust

Cooley LLP on

The Copenhagen Reinsurance Company (CopRe) asked the UK High Court to make an Order sanctioning the intra-group transfer of the whole of its (re)insurance business to the Marlon Insurance Company (Marlon). Each of CopRe and...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide