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    The Courts flip-flopping (again) on the validity of “flip clauses”
    2016-09-01

    Judge Chapman’s judgment is obviously a welcome development for participants in the structured capital markets, particularly those who transact regularly with US counterparties.

    Filed under:
    Australia, United Kingdom, USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Clayton Utz, Collateralized debt obligation
    Authors:
    Karen O'Flynn , Flora Innes
    Location:
    Australia, United Kingdom, USA
    Firm:
    Clayton Utz
    Don’t flip out! Government's proposals on ipso facto clauses could void securitisation flip clauses
    2016-05-06

    The Australian Government is proposing to constrain certain "ipso facto" clauses ‒ a move which could make flip clauses void. The closing date for submissions is Friday 27 May 2016.

    How would changes to ipso facto clauses affect securitisation?

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Clayton Utz
    Authors:
    Andrew Jinks , Sonia Goumenis , Joshua Knuckey , Adeline Goh
    Location:
    Australia
    Firm:
    Clayton Utz
    2019 Is Different From 2008: 4 European Restructuring Developments for Private Equity Firms to Consider
    2019-06-24

    Persisting political and economic uncertainty means awareness of market changes remains crucial.

    The 2008 distress cycle triggered defaults and restructurings for European PE portfolio companies, as maintenance covenant defaults and balance sheet deleveraging forced refinancings and debt-for-equity swaps. While restructuring conditions for PE firms are stronger in 2019 than they were in 2008, persisting political and economic uncertainty means that awareness of market developments remains important.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Securitization & Structured Finance, Latham & Watkins LLP, Private equity
    Authors:
    Tom D. Evans , David J. Walker , Catherine Campbell
    Location:
    European Union
    Firm:
    Latham & Watkins LLP
    Restructuring the next wave of cov-lite debt
    2019-07-11

    With cov-lite financings at record highs, debt holders will need to be proactive in maximising recoveries

    Will the last person leaving please turn out the lites?

    Cov-lite loans can leave lenders with limited restructuring options, but creative lenders will still find ways to bring debtors to the table, partners Ian Wallace and Christian Pilkington of global law firm White & Case LLP explain

    Filed under:
    European Union, United Kingdom, USA, Banking, Insolvency & Restructuring, Securitization & Structured Finance, White & Case, Debtor, Private equity
    Location:
    European Union, United Kingdom, USA
    Firm:
    White & Case
    New EU assignment regulation has first reading in European Parliament but serious flaws remain
    2019-04-04

    Receivables financiers, lenders taking security assignments over contractual rights, participants in the secondary loan market and others have an interest in:

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Public, Securitization & Structured Finance, Dentons, Brexit
    Authors:
    Alexander Hewitt
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Financial Regulatory Developments Focus - Issue 20/2018
    2018-05-23

    MAY 23, 2018/20 FINANCIAL REGULATORY DEVELOPMENTS FOCUS Proxima Nova A ExCn 35pt In this week’s newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website. IN THIS ISSUE AML/CTF, Sanctions and Insider Trading ..............................................................................................................

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Securitization & Structured Finance, White Collar Crime, A&O Shearman, Financial Crimes Enforcement Network (USA)
    Location:
    European Union, Global, United Kingdom
    Firm:
    A&O Shearman
    Preview of 2018
    2018-01-15

    ENGLAND AND WALES PREVIEW OF 2018 January 2018 LEGAL GUIDE HERBERT SMITH FREEHILLS 01 page CONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02 Brexit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03 Competition, Regulation and Trade . . . . . . . . . . . . . . . . . . 05 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07 Corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08 Dispute Resolution . . . . . . . .

    Filed under:
    European Union, United Kingdom, Scotland, Arbitration & ADR, Banking, Company & Commercial, Competition & Antitrust, Construction, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Planning, Real Estate, Securitization & Structured Finance, Tax, Herbert Smith Freehills LLP, Brexit, GDPR
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Flags for Finance in 2018
    2018-01-19

    The main themes to be considered by those in the financial services industry in 2018 will include increased regulation, protection of data, the push for transparency from Europe along with the ongoing uncertainty of Brexit. We have flagged some key dates to watch out for in the upcoming year.

    Filed under:
    European Union, Ireland, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Public, Real Estate, Securitization & Structured Finance, White Collar Crime, Matheson LLP, Financial regulation
    Authors:
    Patrick Molloy , Alma Campion , Rory McPhillips , Stuart Kennedy , William Prentice , Ruth Hunter , Turlough Galvin , Christian Donagh
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Matheson LLP
    Financial Regulatory Developments Focus - Issue 1/10/2018
    2018-01-10

    FINANCIAL INSTITUTIONS ADVISORY & FINANCIAL REGULATORY GROUP NEWSLETTER JANUARY 10, 2018 ISSUE 1/2018 Financial Regulatory Developments Focus In this week’s newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website.

    Filed under:
    European Union, United Kingdom, USA, New York, Banking, Capital Markets, Company & Commercial, Derivatives, Insolvency & Restructuring, IT & Data Protection, Securitization & Structured Finance, White Collar Crime, A&O Shearman, Federal Reserve Board, US Securities and Exchange Commission, Financial Conduct Authority (UK), European Commission, European Banking Authority, Federal Deposit Insurance Corporation (USA), Financial Stability Oversight Council, New York State Department of Financial Services, MiFID
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman
    Brexit Update: Issues for Structured Finance
    2017-04-19

    On March 29, 2017, the United Kingdom (UK) delivered notice of its withdrawal from the European Union (EU), triggering the most comprehensive legislative review and revision ever to occur in the UK. This update discusses legislative changes that might affect structured finance. Changes in Law Upon the UK’s withdrawal, EU treaties, directives, directly effective decisions and regulations, and rulings of the European Court of Justice will cease to apply to the UK unless their effect is specifically preserved by English law.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, Securitization & Structured Finance, Latham & Watkins LLP, Brexit, MiFID, Court of Justice of the European Union
    Location:
    European Union, United Kingdom
    Firm:
    Latham & Watkins LLP

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