What does Event of default mean? An event of default is a contractually defined trigger that, when it occurs, entitles the non-defaulting party to terminate the contract and/or exercise agreed remedies (for example, accelerate debt, enforce security, suspend performance or step in). It is not a statutory term; its meaning depends on the wording of the contract and is used across finance, commercial and derivatives documentation (for example, LMA loans and the ISDA Master agreement). Typical events include non-payment, breach of covenants or undertakings, misrepresentation, insolvency or insolvency proceedings, cross-default, illegality, change of control and material adverse change. Clauses often require notice, allow a cure or...
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Many of the usual events of default for a typical syndicated loan facility will likewise apply, in some form, to a real estate finance transaction. For information about those events of default, including what events of default are and why they are used, see Practice Note: Events of default. This Practice Note considers the kinds of additional events of default commonly seen in real estate finance investment and development transactions.
Instead of relying on general contract law for a remedy where the borrower breaches the loan agreement, most facility agreements incorporate a mechanism by which a lender may, if it chooses, take action when the borrower breaches the loan agreement or when certain other events occur. The events that permit the lender to act are usually set out expressly in the facility agreement and are referred to as 'events of default'.
If an Event of default is continuing, the lender will ordinarily be permitted to take any or all of the following actions:
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 ]...