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Adobe PDFNew Chilean Insolvency Act
Ricardo Reveco; Carey;
Legal Alert/Article
August 15, 2014
In October of 2014, Law No. 20,720 will enter into effect. This act replaces the current bankruptcy law, and creates a new reorganization and liquidation regime for both corporations and natural persons. -

 

Adobe PDFLaw No. 20,715: On Protection to Debtors of Money Loans
Felipe Moro, Diego Peralta, Francisco Ugarte; Carey;
Legal Alert/Article
August 15, 2014
On December 13, Law No. 20,715 was published in the Official Gazette, after an intense debate in the financial industry and over 2 years of discussion in Parliament. The new law modifies Law No. 18,010 on regulations on money loan transactions, Law No. 19,496 on protection of consumer rights and...

 

HTMLAccounting Is Not Only Important - It's Mandatory
Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
August 14, 2014, previously published on August 2014
Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this doesn't normally happen because the bank has a fiduciary duty to account for...

 

HTMLLender Discretions: Understanding the Limits
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
Most facility agreements give the lender certain discretions. Sometimes the agreement will say the lender must exercise a discretion reasonably. But what if it doesn't? Adam Pierce explains the extent to which implied terms may limit a lender's discretions, with particular focus on some recent...

 

HTMLReference Banks: A Dying Breed?
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
The Wheatley Report on LIBOR, published nearly two years ago, noted the potential problems of relying on reference bank rates as a fall-back cost of funds benchmark "in the event of longer-term disruption to the publication of LIBOR". It recommended that industry bodies and market...

 

HTMLEU Regulatory Reform: The Past Six Months
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
It seems a long time since the global agreement on the need for radical reform of financial services regulation in the wake of the financial crisis. We always knew measures would take months and years in the negotiation and implementation stages. Suddenly, since the beginning of 2014, several...

 

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...

 

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...

 

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.

 


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