What does Recourse mean? Recourse describes, in finance and security documents, the right of a creditor or purchaser to look beyond the asset to another party (such as a seller, borrower, guarantor or indemnifier) for payment or reimbursement. It is a descriptive expression used across multiple contexts rather than a term generally defined by statute; its scope is set by contract. In receivables financing (factoring, invoice discounting and securitisation), a purchase “with recourse” typically entitles the purchaser to require the seller to repurchase a receivable for a defined repurchase price (a put‑back), and/or to indemnify for non‑payment or breaches. A purchase “without recourse” allocates debtor...
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In project financings, capital is usually assembled from a combination of sources:
That said, in some jurisdictions, obtaining senior debt from commercial lenders and/or funds can prove difficult owing to constrained local liquidity and/or actual or perceived political risks (see Practice Note: Project risks and risk allocation—Legal and political risk in a project finance transaction).
In developing markets, this shortfall can be addressed by institutional lenders such as Export Credit Agencies (ECAs) and multilateral or bilateral (national) Development Finance Institutions (DFIs). Alternatively, providers of senior debt may benefit from ECA or DFI support through a guarantee or other insurance coverage.
ECAs are typically involved in overseas projects to champion their domestic industries in the sphere of international trade—for example, where a national industry holds equity in a foreign project, serves as a principal contractor, or supplies project equipment to that venture...
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 ]...