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Article
Back to basics: Further assurance and powers of attorney
In this insight we look at how lenders should use further assurance clauses and powers of attorney effectively.
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Article
What’s the difference between best endeavours and reasonable endeavours?
We often see the terms ‘reasonable endeavours’, ‘best endeavours’ and ‘all reasonable endeavours’ in contracts. Whilst the terms may sound similar, the legal distin…
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Article
PISCES: A new share trading platform for “private” companies
The Government is proposing a new platform for the secondary trading of private company shares. In this insight we provide an overview of the innovative proposals.
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Article
Manifest error: how obvious must it be?
In this insight we outline the meaning and effect of ‘manifest error’ and discuss a case that highlights these issues in detail.
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Article
Can a member of an LLP charge their interest in that LLP?
When a shareholder charges shares it owns in a private company, the charged asset is easily identifiable and the legal process is relatively straightforward: an equ…
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Article
Top tips: intercreditor arrangements
When you are not the only lender to a company or group, it can be daunting trying to fairly balance the commercial needs of the other creditors and at the same time…
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Article
Corporate update: the latest corporate law developments March 2023
In this month’s update we consider a case in which a typed first name in an email was held to be a written signature; explain the benefits of including a limitation…
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A company's powers: what are the restrictions and what do lenders need to look out for?
We discuss how an older company's powers can be restricted and why a prudent lender should check a company has the legal capacity to enter into any proposed transac…
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Article
The significance of commercial benefit when granting a guarantee
This guide explores the issues surrounding commercial benefits for guarantors and provides some top tips.
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Article
Quorum provision in articles prevented sole director from acting
The High Court has considered the interaction between provisions in a company's articles of association, holding that a requirement for a quorum of two directors pr…