Subjects:

Banking and Finance

Contents:

The Nature of Borrowings

Types of Borrowing: Bank Loans, Debt Securities, ECP Programmes

Key Commercial Terms

Security

Structured Finance

Subordination

The Power to Borrow, to Guarantee and to Give Security

Accepting Deposits

Guarantees

The Role of Trustees

Attracting Lenders

US Securities Laws

Transfers of Lenders’

Interests

Variation of Rights

Debentures

Taxation

Execution of Documents

The law of borrowings embraces many different areas of law: contract, company law, trusts, security, insolvency, tax, financial services and regulation. Corporate Borrowing: Law and Practice brings together all of these elements in a practical and concise single volume. It defines the most effective ways of raising debt finance – from bank loan agreements to MTN programmes – and examines the specific legal problems of security and prospectus requirements under the Prospectus Directive. It examines the issues relating to the various types of security, asset backed securities, guarantees, appointment of trustees, attracting lenders and the statutory provisions regarding invitational material, and the tax implications of borrowings by companies.

This fourth edition has been fully updated to reflect key changes introduced by the Companies Act 2006 and other recent legislative and case law changes.