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HTMLThe Fons Decision: Regulatory Implications for Parties to Loan Agreements
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
In Fons Hf v. Corporal Ltd & Anor (Fons), the Court of Appeal held, in the context of a specific agreement, that "debentures" included loan agreements, on the basis that a loan agreement "creates or acknowledges a debt". Although the Court of Appeal did not consider the...

 

HTMLSecond Circuit Court of Appeals Looks at “Commercial Reality” in Deciding Lehman / Barclays Dispute
Adam H. Friedman, Jonathan T. Koevary; Olshan Frome Wolosky LLP;
Legal Alert/Article
August 13, 2014, previously published on August 7, 2014
In a closely watched dispute impacting creditors of the Lehman Brothers, Inc. (“LBI”) bankruptcy estate, on August 5, 2014, the U.S. Court of Appeals for the Second Circuit ruled that while “ambiguities” existed in the expedited sale of Lehman’s brokerage business to...

 

HTMLProspects for Export-Import Bank Improve
McDonald Hopkins LLC;
Legal Alert/Article
August 13, 2014, previously published on August 8, 2014
Prospects for reauthorization of the Export-Import Bank seem to be improving after a very rough month for proponents of the bank.

 

Adobe PDFSubscription Credit Facilities and the Volcker Rule
Timothy R. Hicks, Michael C. Mascia, Wesley A. Misson; Mayer Brown LLP;
Legal Alert/Article
August 13, 2014, previously published on Summer 2014
On December 10, 2013, the federal financial agencies approved joint final regulations (the “Final Regulation”) implementing section 619 of the Dodd-Frank Act, commonly referred to as the Volcker Rule. Section 619 added a new section 13 to the Bank Holding Company Act of 1956, which...

 

Adobe PDFGovernmental Plan Investors and the Borrowing Base
Zachary K. Barnett, John A. Janicik, Kristin M. Rylko, Matthew A. Simmons; Mayer Brown LLP;
Legal Alert/Article
August 13, 2014, previously published on Summer 2014
A subscription credit facility, also frequently referred to as a capital call facility (a “Subscription Facility”), is a loan made by a bank or other credit institution (a “Lender”) to a private equity fund (a “Fund”). What distinguishes a Subscription Facility...

 

HTMLFINRA Prohibits Conditioned Settlements
Katharine F. Musso; Jones Walker LLP;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
On July 30, 2014, the Financial Industry Regulatory Authority ("FINRA") adopted a new rule which prohibits brokers from conditioning settlement of a customer dispute on the customer's agreement to prevent the dispute from being made public. New FINRA Rule 2081, entitled "Prohibited...

 

HTMLParticipating Banks - Don't Skip the Due Diligence
Ann Marie Mehlert; Lerch Early Brewer Chartered;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
When deciding whether to participate in a loan, a bank should perform its own due diligence for the loan and not rely solely on representations from the lead or selling bank.

 

HTMLDefault of Mortgage Loans Due to Death of a Borrower or Guarantor
Kohrman Jackson Krantz PLL;
Legal Alert/Article
August 12, 2014, previously published on August 11, 2014
While most people prefer not to think about it, the death of a borrower or guarantor on a mortgage loan has been known to occur and there can be significant consequences to the loan.

 

HTMLRussia/Ukraine Economic Sanctions Update: Canada Expands Sanctions List against Russian and Ukrainian Individuals and Entities
John W. Boscariol, Robert A. Glasgow, Brandon Mattalo; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 7, 2014
On August 6, 2014, the continued turmoil in eastern Ukraine caused the Government of Canada to expand its economic sanctions against Russia and Ukraine by adding entities and individuals to its lists of “designated persons”.

 

HTMLDepartment of Finance Releases Proposal for Canadian Bail-In Regime
Ana Badour, Frédéric Cotnoir, Barry J. Ryan; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 5, 2014
On August 1, 2014, the Department of Finance issued for comment the Taxpayer Protection and Bank Recapitalization Regime: Consultation Paper. The Consultation Paper outlines the proposed bail-in regime applicable to Canada’s domestic systemically important banks (D-SIBs),[1] as a follow-up to...

 


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