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Key definition
Finance documents definition

What does Finance documents mean? In banking and finance practice, finance documents means the suite of contracts that together set out the terms of a financing between the borrower and the lender(s). It is not a statutory term; it is a descriptive label almost always defined in the facility (loan) agreement, particularly in LMA-based syndicated loans, leveraged finance and project finance. The definition typically captures: the facility agreement; security documents forming the security package (for example, debentures, fixed and floating charges and mortgages; in Scotland, standard securities and assignations in security; in Northern Ireland and Ireland, charges and mortgages); guarantees; intercreditor agreements...

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Contractual interpretation of finance documents: key cases and drafting lessons on guarantees, security, intercreditors, ISDA, prepayment, waterfalls and Quincecare

Practice notes
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This Practice Note highlights important cases and related material concerning the construction of finance documents. The cases are organised by topic and include:

  • Cases on the principles of contractual construction
  • Examples of court construction of finance documents

Cases on the principles of contractual construction

Names of parties • Judgment date • Case summary • Relevant content

  • investors Compensation Scheme v West Bromwich building society [1998] 1 All ER 98 — 19 June 1997: A leading House of Lords decision setting out the core principles for construing contracts. In his speech, Lord Hoffmann identified five construction principles, frequently cited in the foremost authorities on contract interpretation. See Practice Note: Contract interpretation—the guiding principles
  • Chartbrook Homes Ltd v Persimmon Homes Ltd [2009] 4 All ER 677 — 1 July 2009: Although courts were slow to accept that formal contracts contained linguistic errors, where the background and context compelled the conclusion that the drafting had gone awry, the law did not oblige the court to fix on an intention that a reasonable person would not attribute to the parties...
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Web page updated on 21/05/2026

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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 ...

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