What does Borrower mean? In practice, the borrower is the person or entity that receives credit under a loan or facility agreement and undertakes to repay it. The term is descriptive rather than fixed by statute; finance documents define “Borrower” for that contract. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, although consumer credit legislation often uses “debtor” or “consumer” instead. Key features: - The party to whom a lender, asset-based lender or receivables financier makes a facility available (for example, a term loan, revolving credit facility, borrowing‑base/ABL facility or invoice finance). - May be a single borrower or co‑borrowers within a...
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[ To be produced on the headed paper of the lender issuing the demand ]
To:
Sent by [ Hand OR First class post OR Facsimile OR Email ]
[ Insert date of letter ]
Facility agreement dated [ insert date ] between [ insert name of lender ] (the Lender) and [ name of borrower ] (the Borrower) (the Facility Agreement).
[ debenture ] dated [ insert date ] executed by the Borrower in favour of the Lender (the Debenture).
Unless stated otherwise, terms and expressions defined in the Facility Agreement bear the same meanings in this letter of demand. References to “you” mean the Borrower, and references to “we” or “us” mean the Lender.
1.1 [ An Event of Default has arisen and is continuing under the Facility Agreement, specifically the non-payment of the amount due on [ insert date ]. ]...
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 ]...