Francesco Lione: Are the times ripe for „super senior” capital structures that include term loan debt? (579)
Features
William Steel, Seema Shukla: Deed polls: a difficult solution to a difficult problem (582)
Andrew Keay: Unsecured loans and ascertaining cash flow insolvency (586)
Rebecca Oliver: The National Security and Investment Act 2021: secured lenders can take comfort in latest guidance but exercising voting rights remains a risk (591)
James Burnie, Meghan Millward, Matthew Kimber: What’s at stake? The legal treatment of staking (594)
Sukhvir Basran, Eoin O’Connor: ESG integration in private debt (599)
Hanif Virji: Capacity: is the question of hedging or speculation mis-stated? (602)
Joshua Crow: ISDA Definitions 2021: Calculation Agent not required to produce objectively reasonable result (604)
Vishal Mawkin, Peter Young, Miguel Torres Caro: Project bonds and energy transition: a proven financing solution (606)
Lara Panahy, Nick Lister: „There is nothing so stable as change”: is the Treasury’s proposed new special admiinstration regim for stablecoin and other systemic DSA firms a change in the right direction? (610)
Anthony Dearing: Base metal traders betting on the courts to enforce their trades in a disorderly market (614)
Meera Ragha, Diego Ballon Ossio: English law in the 21th century: does it need an update to accommodate crypto? (617)
David Murphy: Regualory mandates and review in the 2022 Financial Services and Markets Bill: making their own homework (619)
Ajay Malhotra, Ceri Morgan, Zoe Diepstraten: Interpreting ICC standardised rules in trade finance disputes: courts take an international perspective (622)
In Practice
Catherine Phillips: Safe harbours in lending transactions: exclusions from the requirement to register express trust (625)
Iain Balkwill: CMBS and its new cousin, the CRE CLO (627)
Christine Ezcutari, Paolo Pinna: Sustainability-linked loans: what more do you need to know? 628)
Regulars
Case Analysis by Hogan Lovells (630)
Regulation Update by Norton Rose Fulbright (634)
Market Movements by CMS (637)
Deals (639)
Legal Ease by Lexis PSL (640)
International Briefings from Finland and Switzerland (641)
Michael Huertas: Geopolitical uncertainty: managing market shutdown risks (223)
Features
Sa’ad Hossain: Is your MAE/MAC clause ready for the next pandemic? (230)
Chee Ho Tham: Burdening assignees with arbitration agreements via “conditional benefits” (234)
Kathrine Meloni: The National Security and Investment Act 2021 revisited: when are secured creditors obliged to make mandatory notifications? (239)
Helen Pugh: Delegation not abdication: directors’ duties under scrutiny in syndicated loans (243)
Kelly Sporn: Sustainability/ESG ratings: does the market measure up? (245)
Hugh Sims, Jay Jagasia: Blu-sky thinking: the Interfoto principle and terms incorporated by reference (247)
Faizal Khan, Thea Gausel, Toby Mann, Deborah Neale: Transfer restrictions in leveraged lending transactions: time for a re-assessment? (251)
Scott Ralston: Foreign financial crises and the consumer (255)
Anna Lintner, Philippe Kuhn: Quincecare and the liability of receiving banks: the Canadian story (259)
Julia Lu, Timothy Cant, David Capps: A comparison of re-proposed SEC Rule 9j-1 and the UK/EU Market Abuse Regulation (262)
Chloe Bell, Christopher Whitehouse: Stablecoins as security? Never say tether (266)
Georgia M Quenbí: The impact of the Corporate Insolvency and Governance Act 2020 and the Finance Act 2020 on drafting Loan Documentation and Practice: update (269)
Rachel Sleeman, Zachary Kell: Could’ve, would’ve, should’ve: commercial fraud and the reasonably diligent claimant (272)
In Practice
Ying-Peng Chin: ESG: authorities’ potential enforcement action against companies (275)
Lu’ayy Minwer la-Rimawi: The UK’s second batch of Sukuk and the question of Shariah compliance: exclusion clauses v due diligence (276)
Ajay Malhotra, Tom Wyer: Cryptocurrency, proprietary injunctions, freezing orders, and trusts: the law is not cryptic (278)