Course overview:
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 preliminary due diligence, drafting and negotiating an effective security document, perfecting security and understanding enforcement, to challenges to security, inter-creditor arrangements and cross-border 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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The course instructor 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, his current practice includes equipment leasing and invoice discounting. He 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.
10-12 Jun 2013 (Istanbul, Turkey)
This three-day intensive 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.
Please note that the dates for this course have changed and are now: 10-12 June 2013
17-18 Jun 2013 (Limassol, Cyprus)
This two-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.
18-20 Sep 2013 (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.
23-25 Sep 2013 (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.
14-16 Oct 2013 (London, United Kingdom)
Essential Documentation and Procedural Issues
25-27 Nov 2013 (Paris, France)
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.
7-9 Oct 2013 (Amsterdam, Netherlands)
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.
Click here to view Advanced Loan Documentation in Paris
18-21 Jun 2013 (London, United Kingdom)
19-21 Jun 2013 (London, United Kingdom)
9-11 Dec 2013 (London, United Kingdom)
9-12 Dec 2013 (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.
24-25 Sep 2013 (London, United Kingdom)
Navigating the complexities of the updated Prospectus rules
24-25 Jun 2013 (London, United Kingdom)
26-27 Sep 2013 (London, UK)
Ensuring your business is fully compliant in 2013 and beyond
26-27 Sep 2013 (London, United Kingdom)
An Essential and Practical guide for In-house Lawyers, Company Secretaries and Compliance Officers
4-5 Nov 2013 (London, UK)
An Essential Introduction to the Key Legal and Documentation Issues
Please note that the dates below, 4-5 November, are likely but not yet confirmed. Final dates TBC soon.
27-29 Aug 2013 (Accra, Ghana)
Mergers & Acquisitions has been arranged to offer a comprehensive and practical guide to the international sale and purchase of companies from a strategic, legal, commercial and financial viewpoint.
4-6 Nov 2013 (Abuja, Nigeria)
This Euromoney Legal Training course explains how project finance works in detailed and practical terms. This programme aims to expose delegates to the rapidly changing face of project finance across the world and thus ensure a full awareness of the different methods being adopted in various countries and sectors. With interactive workshops being an integral part of this course, delegates will examine real life examples of project finance. Receive up-todate information on current projects, and benefit from the new ideas being implemented globally.
Please note that the dates below, 4-6 November, are likely but not yet confirmed. Final dates TBC soon.
23-25 Sep 2013 (Dublin, Ireland)
Documentation and Negotiation
4-6 Nov 2013 (Dubai, United Arab Emirates)
Documentation and Negotiation
23-24 Sep 2013 (London, UK)