What does Syndicated facility mean? A syndicated facility is a loan or revolving credit made by a group of lenders under a single facility agreement, each lender committing a stated amount and being liable only for its own obligations (several, not joint). If one lender defaults, the others are not responsible for its share. This is a descriptive finance term, not defined by statute or case law, and its usage is consistent across England & Wales, Scotland, Northern Ireland and Ireland. Typical features include administration by a facility agent (handling drawdowns, payments and communications) and, where secured, a security agent/trustee holding security for the lenders. Decisions...
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The initiative to create the LMA’s Primary Documents commenced in 1998, prompted by market appetite for a consistent template syndicated facility agreement. It arose in direct response to widespread demand for a standard form that the market could rely on for syndicated facilities. The recommended investment grade syndicated facility agreements (the Primary Documents) were produced collaboratively by representatives of the LMA, the British Bankers’ Association (now part of UK Finance), the Association of Corporate Treasurers and major City law firms. Their purpose is to reduce time and expense by offering a baseline that mirrors prevailing market practice for a syndicated loan to a corporate borrower with an investment grade credit rating. These papers are intended only as a foundation; in practice, they cannot be used without tailored amendments or additions. The LMA has revised the Primary Documents to accommodate the transition away from libor to risk-free rates. Guidance on the LIBOR transition is available in Practice Note: Introductory guide to LIBOR transition. All of the LMA documents referenced in this Practice Note can be found on the LMA website, with full access available to subscribers...
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 ]...