Suzanne Rab: Between co-operation and collusion? Liability Management Exercises in Europe (291)
Features
Vanessa Knapp: Proposed UK corporate redomiciliation: issues for lenders (295)
Philip Morrison: ECCTA 2023 and corporate decision-making: considerations for corporate practitioners (298)
Michelle Gilmore-Parry: „High water” mark EBIDTA provisions: should lenders fight fires with a pre-agreed „low water” mark EBITDA de minimis? (300)
Matthew Padian: So long, farewell: thoughts on transferring security (303)
Jonathan Haines: Digital assets and reform of the financial collateral regime (306)
Emily Fox, Maura McIntosh, Ceri Morgan, Vanessa Naish, Tiphaine Leverrier: Asymmetric juridiction clauses: when will they be effective? (310)
Khrystyna Khanas, Andrii Chornous: Recognition and enforcement of Ukrainian judgments against the Russian Federation in the UK (314)
Chris McDermott, Trent E Lindsay, Alix Prentice, Georg Pelling, Eric Starr, John Donnelly: Artice 12 of the US UCC and the draft English Property (Digital Assetsetc) Bill 2024: potential impacts on fund finance transactions (318)
Isabel Neelands, Trisha Shah: The lucrative AI debt market – disrupting traditional debt lending: Part 2 (323)
Peter Schwartz, Adrian Chiodo, Alexander Clarke: An overview of debt and royalty financing structures for life sciences businesses (327)
Jamie Rogers, Ellie Rees, Bethan Savage: Political risk insurance: safeguarding global supply chains amidst geopolitical tensions? (331)
Chloe Carpenter: Cross-border privilege (333)
Martin Blake, Graham Dunn: Understanding debt finance in football: debt factoring and secured loans (335)
In Practice
Fiona Swords: Beware minority shakeholders: lending to the professional services sector (339)
Jon Ford, Jack Moore, Clara Browne: Money laundering through the market: enhancing financial crime systems and controls for wholesale firms and trading venues (341)
Leonrd Ng, Qalid Mohamed: Artificial intelligence in financial markets: systemic risk and market abuse concerns (715)
Feature
Sarah Paterson: The state of cross-class cramdown in the UK (719)
Craig Morrison: Knowing is half the battle: the economic torts and lender liability (722)
Matt Dunn, Jason Ewart: How do investors make returns on preferred equity? (726)
Michelle Glimore-Parry: The asset sales covenant: sometimes when it’s there it’s barely there at all! (728)
Nik Yeo: Crypto exchanges: an update on D’Aloia (731)
Louis Doyle: Marshalling by apportionment: a developing doctrine (736)
Gareth Old, Young Kim: Growing up or coming down to earth? Broader trends in the US CRT market (738)
Sung-Hyui Park, Edward Crane: Loans involving companies limited by guarantee: key issues for consideration (740)
Simon Clarke, Sarah Hawes, Ceri Morgan, Thomas Vaughan, Erica MacDonald: UK prospectus regime reform: potential impact on securities litigation (742)
Darragh Connell: Draft Property (Digital Assets etc) Bill: laying the foundations for the development of the common law (746)
Simon Fisher: Forewarned is forearmed: thoughts on the impact of an IT systems outage on security registrations at Companies House (748)
Philip Hertz, Michael Lyons, Rahim Darr, Dilara Topcu, Genevieve Morgan: English schemes of arrangement, restructuring plans, insolvency proceedings and the impact of sanctions legislation (751)
Russell Kelsall, Paula Twist: The Financial Conduct Authority, the court and the Financial Ombudsman Service: who is in charge? (755)
In Practice
Embedded law
Charles Kerrigan: A thought experiment on the future of legal services (757)
Herbert Smith Freehills: The auditor’s duty to report to the FCA when it suspects fraudulent activity (759)
Claire Clayton-Stead, Leontia McArdle, Megan Ineson: Is the FOS being fair and reasonable in its approach to unaffordable lending complaints? (760)
Regulars
Book Review by Geert van Calster of Governing law risks in international business transactions by Philip Wood CBE KC (Hon) (761)
Case Analysis by One Essex Court and a lecturer at Meiji University (Japan) (762)
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)
Luka Lightfoot, James Clarke, Natalie Butchart: I would if I could, but I can’t: the impact of sanctions on finance party interactions in typical debt-financing transactions (511)
Features
Matteo Clarkson-Maciel, Paul Fradley: The Excluded Asset Gap: why floating charges capture realisations of unsecured assets (515)
Charlotte Eborall, Sarah Parker: Bragging rights: termination clauses and implied duties of good faith (518)
Peter de Verneuil Smith, Shail Patel, William Harman: UK securities fraud litigation gains momentum: Autonomy and G4S (521)
Stephan Smoktunowicz: Legal conundrums: taking security from English limited partnerships (524)
Hin Liu, Louise Gullifer: Financial collateral arrangements in the digital asset world (527)
Hanif Virji: Musk v Twitter, it’s not just lawyers who have an opinion on the likelihood of success of the litigation, the market does too! (536)
Amy Held: Cryptoassets as property under English Law: surveying the present lie of the land (538)
Daniel May, Ceri Morgan, Nick May, Susannah Cogman, Minolee Shah: Russian sovereign debt default: a disputes perspective (543)
John Lee: The endgame: issues in enforcement against cryptoassets (545)
Phoebus L Athanassiou: Financial sanctions and the case for digital central bank money (549)
Chris Wallace: Take-off for digital bonds? The EU DLT pilot regime (553)
Michael Huertas: Supervisory tone sharpens further following ECB’s conclusions on its Desk Mapping Review (556)
In Practice
Sanjev Warna-kula-suriya, Mathilde Deschanet: The Draft RTS on ESG disclosures for STS securitisations: a hit or a miss? (559)
Fiona Henderson, Laura Collins:Embedded finance: key considerations for funders of platform borrowers (560)
Sohail Ali, Suhail Mayor: The “crypto crash”: a catalyst for further crypto litigation? (561)
Regulars
Book Review by Charles Ho Wang Mak (562)
Case Analysis by One Essex Court and Latham & Watkins (563)
