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Clifford Chance

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Lender as a Shadow Director

Client Briefing

19 May 2017

  1. THE CONCEPT OF SHADOW DIRECTORSHIP
  2. THE STARTING POINT OF OUR ANALYSIS: THE EXCEPTIONAL NATURE OF SHADOW DIRECTORSHIP
  3. SHAREHOLDER STATUS CARRIES NO RISK OF SHADOW DIRECTORSHIP BEING CONSIDERED TO EXIST
  4. MONITORING COMPLIANCE WITH A FACILITY AGREEMENT DOES NOT TRIGGER AN INSTANCE OF SHADOW DIRECTORSHIP
  5. SIGNIFICANT INTERFERENCE
  6. CONCLUSION

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Lender as a Shadow Director

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