What does Prepayment mean? In receivables finance (factoring, invoice discounting, supply chain finance and receivables purchase agreements), a prepayment is an advance paid by the receivables purchaser to the seller on account of the purchase price of an approved receivable (approved debt). It is typically calculated as the prepayment percentage (advance rate) of the notified value of that receivable; the balance is deferred consideration, payable after collection, net of fees, dilutions, set-off, credit notes and agreed reserves. This is a contractual concept rather than one defined by legislation or case law. Its use and effect are broadly consistent across England & Wales, Scotland, Northern Ireland...
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In real estate finance deals, the facility offered is typically a Committed facility, and the facility agreement specifies precisely how and when it must be repaid. That agreement will also indicate:
Many provisions on voluntary and mandatory prepayment, repayment and cancellation in a standard syndicated loan facility mirror those used in a real estate finance context. For further detail, see Practice Note: Repayment, prepayment and cancellation. This Practice Note explores the voluntary and mandatory prepayment, repayment and cancellation terms that may apply specifically to real estate investment finance or development finance transactions...
The repayment, prepayment and cancellation provisions for a given transaction are ordinarily settled at term sheet stage...
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 ]...