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Eurozone – developments in loan documentation
25 May 2012
Publication
As Eurozone concerns continue so does the market's focus on the role that loan documentation has to play in addressing potential redenomination risk. In this update to our earlier briefing The Eurozone Crisis and Loan Agreements (November 2011), we highlight...
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Perpetual litigation comes to an end
27 July 2011
Publication
On 27 July, the Supreme Court handed down its long awaited judgment in the case Belmont Park Investments PTY Limited -v- BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc (LBSF). Although there were no surprises – the decision...
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A contractual obligation to negotiate in good faith – binding or not binding?
22 July 2011
Publication
Express obligations to negotiate documents in good faith are often encountered in financing transactions, particularly in commitment papers. Before 2005, it was accepted law that an obligation to negotiate in good faith was not enforceable. The Court of Appeal's...