This note aims to provide brief and practical answers to common questions on the law of assignment in English law finance transactions.
1. Are all notified assignments legal assignments?
What are the principal types of insolvency proceedings?
Background
Receivables financiers, lenders taking security assignments over contractual rights, participants in the secondary loan market and others have an interest in:
This article first appeared in the December 2014 edition of Corporate Rescue & Insolvency journal. Written by Deepak Reddy in Dentons' New York office, Carlo Vairo in Dentons’ Toronto office and Alexander Hewitt in Dentons' London office.
Key Points
1 Advantages to aircraft financiers
For an aircraft financier, the virtues of the Cape Town Convention and its Aircraft Equipment Protocol (together Cape Town) are that it aims to:
Financial guarantees often contain non-competition clauses. This is mainly to:
- increase the financier’s recoveries from its principal debtor, by stopping the guarantor from draining money from the principal debtor; and
- prevent the guarantor from obstructing a restructuring of the principal debtor’s liabilities.
A recent case suggests these clauses should expressly exclude the “rule in Cherry v. Boultbee”. Zoë Thirlwell and Alexander Hewitt explain.
Counter-indemnity rights
This note aims to provide brief and practical answers to common questions on the law of assignment in English law finance transactions.
1. Are all notified assignments legal assignments?
Background
Receivables financiers, lenders taking security assignments over contractual rights, participants in the secondary loan market and others have an interest in: