What does Asset-backed commercial paper mean? Asset-backed commercial paper (ABCP) is short-term debt issued by a bankruptcy-remote special purpose vehicle (spv) (a conduit) to fund the purchase of receivables or other financial assets, with repayment supported by cashflows from those assets and by liquidity and credit enhancement arrangements, typically provided by a sponsoring bank. In practice, an originator transfers a pool (or multiple pools) of assets to the SPV and the SPV funds itself by issuing commercial paper into the money markets on a rolling basis, usually with maturities of up to 364 days. ABCP is a market term used across securitisation practice and...
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This Practice Note explains the principal features of Asset-backed commercial paper (ABCP), conduits and structured investment vehicles (SIVs). It also summarises the key legal and regulatory issues that shape their construction and application.
Commercial paper (CP) is a Short-term debt instrument commonly issued by corporates or financial institutions to address near-term funding needs. It is typically unsecured and offered by issuers with strong credit ratings. For more detail on commercial paper, see Practice Note: Commercial paper and euro-commercial paper.
ABCP is a type of CP that is secured against pools of assets, most often receivables delivering predictable cashflows. The issuer of ABCP does not itself require a high credit rating; investors assess the calibre and expected cash flow of the underlying collateral rather than the issuer’s credit profile. A wide range of assets may back ABCP, such as:
As with CP, ABCP is generally brought to market under a programme structure, enabling ongoing issuance and rollover...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...