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|The Fons Decision: Regulatory Implications for Parties to Loan Agreements|
Dentons Canada LLP;
August 14, 2014, previously published on July 30, 2014In 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...
|Second Circuit Court of Appeals Looks at “Commercial Reality” in Deciding Lehman / Barclays Dispute|
Adam H. Friedman, Jonathan T. Koevary; Olshan Frome Wolosky LLP;
August 13, 2014, previously published on August 7, 2014In 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...
|Prospects for Export-Import Bank Improve|
McDonald Hopkins LLC;
August 13, 2014, previously published on August 8, 2014Prospects for reauthorization of the Export-Import Bank seem to be improving after a very rough month for proponents of the bank.
|Subscription Credit Facilities and the Volcker Rule|
Timothy R. Hicks, Michael C. Mascia, Wesley A. Misson; Mayer Brown LLP;
August 13, 2014, previously published on Summer 2014On 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...
|Governmental Plan Investors and the Borrowing Base|
Zachary K. Barnett, John A. Janicik, Kristin M. Rylko, Matthew A. Simmons; Mayer Brown LLP;
August 13, 2014, previously published on Summer 2014A 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...
|FINRA Prohibits Conditioned Settlements|
Katharine F. Musso; Jones Walker LLP;
August 12, 2014, previously published on August 7, 2014On 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...
|Participating Banks - Don't Skip the Due Diligence|
Ann Marie Mehlert; Lerch Early Brewer Chartered;
August 12, 2014, previously published on August 7, 2014When 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.
|Default of Mortgage Loans Due to Death of a Borrower or Guarantor|
Kohrman Jackson Krantz PLL;
August 12, 2014, previously published on August 11, 2014While 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.
|Russia/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;
August 11, 2014, previously published on August 7, 2014On 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”.
|Department of Finance Releases Proposal for Canadian Bail-In Regime|
Ana Badour, Frédéric Cotnoir, Barry J. Ryan; McCarthy Tétrault LLP;
August 11, 2014, previously published on August 5, 2014On 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), as a follow-up to...