This two-day intensive course will cover all aspects of security documentation focusing on the anatomy of the security document itself and the legal ramifications of an incorrectly drafted document.
Starting with the reasons for taking security, delegates will be guided through the complete security process, from drafting and negotiating an effective security document, understanding enforcement, to challenges to security and crossborder issues. The course will also examine the specific issues at play when taking security across different assets.
This course will cover
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Why take security?
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Challenges to security
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Fixed and floating charge debentures
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Specific security
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Subordination, priorities and postponement
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Guarantees, indemnities and performance bonds
- Recent developments in legislation and case law
Who should attend?
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In-house lawyers in financial institutions
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Bankers concerned with the negotiation of loans
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Bank executives involved in the negotiation of security documents
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Lawyers in private practice who advise clients on security documents
- Corporate counsel
Day 1
Introduction
Some general principles
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Legal and equitable title
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Legal and equitable charges, assignments and mortgages
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Fixed and floating charges
Challenges to security
Anatomy of a security document (part 1)
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Deed or agreement
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Parties
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Definitions and interpretation
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Covenant to pay
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Charging clause
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Representations and warranties
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Covenants: positive and negative
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Insurance
Anatomy of a security document (part 2)
Debentures
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Fixed and floating charges revisited
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Charges over book debts; the spectrum decision
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Receivers and administrators
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Floating charges – disadvantages
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Key clauses and key issues
Security over land
Day 2
Security over land (continued)
Security over contracts
Security over cash deposits
Security over shares and other securities
Guarantees, indemnities and performance bonds
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Guarantees, indemnities and performance bonds distinguished
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Corporate guarantees – due diligence
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Challenges
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Key clauses and key issues
Syndicated lending
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Some general principles
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Who takes security?
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Drafting issues
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Cross-border issues
Cross-border issues
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Conflict of laws
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Conflicts – contractual issues
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Conflicts – proprietary issues (land)
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Conflicts – proprietary issues (goods)
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Conflicts – proprietary issues (intangibles)
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Insolvency
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Legal advice
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Enforcement
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Tim Walker
Tim Walker is a solicitor with over 20 years experience of international and domestic banking transactions, including syndicated loans and structured finance. He was a partner in the Banking Department at Norton Rose until 1995 and now continues to head a niche finance practice at Cheltenham based law firm Rickerbys. As well as secured lending transactions, Tim’s current practice includes equipment leasing and invoice discounting.
Tim is highly recommended as one of the leading experts in his field by Chambers independent legal directory.
Courses run by this instructor
Interested in holding this course in-house? Please fill out your details and a member of our team will be in touch with more information.
3-5 Jul 2012 (Dubai, United Arab Emirates)
This Euromoney Legal Training course is the follow on to our ever popular Loan Documentation training programme. The course will deal with the more structural and commercial side of the loan agreement and will give delegates more opportunities to practice making and responding to comments on the documents.
13-15 Jun 2012 (London, United Kingdom)
13-14 Jun 2012 (London, United Kingdom)
Understanding the Documentation
10-12 Jun 2012 (Dubai, United Arab Emirates)
This three-day intensive course will cover all aspects of security documentation focusing on the anatomy of the security document itself and the legal ramifications of an incorrectly drafted document.
30 May 2012 - 1 Jun 2012 (London, United Kingdom)
12-14 Sep 2012 (London, United Kingdom)
This three-day intensive Euromoney Legal Training course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.
5-9 Mar 2012 (Johannesburg, South Africa)
A combination of two of Euromoney Legal Training’s most popular courses. The basic Loan Documentation course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document. The advanced course will deal with the more structural and commercial side of the loan agreement and will give you more opportunities to practice making and responding to comments on the documents.
16-18 Apr 2012 (Copenhagen, Denmark)
This three-day intensive Euromoney Legal Training course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.
6-8 Jun 2012 (Zurich, Switzerland)
This three-day intensive Euromoney Legal Training course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.
24-26 Sep 2012 (Paris, France)
This Euromoney Legal Training course is the follow on to our ever popular loan documentation training programme that has run for more than ten years. The course will deal with the more structural and commercial side of the loan agreement and will give delegates more opportunities to practice making and responding to comments on the documents.
11-13 Apr 2012 (London, United Kingdom)
Essential Documentation and Procedural Issues
21-23 May 2012 (London, United Kingdom)
An advanced legal guide to taking & enforcing security in the domestic & crossborder transactions
9-11 Jul 2012 (Johannesburg, South Africa)
This three-day intensive Euromoney Legal Training course will cover all aspects of security documentation focusing on the anatomy of the security document itself and the legal ramifications of an incorrectly drafted document.
27-29 Mar 2012 (London, United Kingdom)
27-30 Mar 2012 (London, United Kingdom)
19-21 Jun 2012 (London, United Kingdom)
19-22 Jun 2012 (London, United Kingdom)
The Euromoney Legal Training course will consist of a series of lectures and workshops that will provide you with a practical insight into dealing with the documentation of loans. By the end of the course you will be thoroughly familiar with the most important aspects of loan documentation.
7-9 Mar 2012 (Amsterdam, Netherlands)
This intensive Euromoney Legal Training course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.
23-25 May 2012 (Cairo, Egypt)
This three-day intensive Euromoney Legal Training course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.
This course has now expired please email us to find out when the course will next be running.