Searching Content by William Jacobsen, Jr. from Mayer Brown ordered by Published Date Descending.
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Yield Protection and Increased Costs: Dealing with the Dodd-Frank Act and Basel III
The question of who will pay the additional costs that lenders are expected to incur as a result of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act) and the announced modifications to the Basel Framework of the Basel Committee on Banking Supervision (Basel III) has been a highly debated topic recently ...
United States
29 Mar 2011
Upcoming Action with Respect to the Orderly Liquidation Authority under the Dodd-Frank Act
The Federal Deposit Insurance Corporation (FDIC) has announced that the agenda for its board meeting next Tuesday, January 18, 2011, will include discussion regarding a "Final Rule Implementing Certain Orderly Liquidation Authority Provisions of the Dodd-Frank Act."
United States
20 Jan 2011
Renewed Concerns over Administrative Agent Liability
Recent court decisions have brought to the forefront the issue of an administrative agent’s potential liability in situations where a borrower has acted egregiously.
United States
21 Oct 2010
Court of Appeals of New York Confirms Lenders’ Ability to Rely on Representations
Late last week the Court of Appeals of New York unanimously reversed an intermediate court’s ruling in "DDJ Management, LLC, et al. v. Rhone Group L.L.C., et al." that would have limited a lender’s ability to rely on representations received from a borrower.
United States
2 Jul 2010
Control Agreements — Avoiding a Potential Pitfall
In the wake of the recent financial crisis, it has become apparent that in many respects cash is indeed king, particularly as a form of collateral.
United States
1 Jun 2010
The Return of Stapled Financing?
The reported demise of stapled financing may have been premature. Though once popular, these transactions (which received their name because the details of a proposed financing are "stapled" to the back of sell-side acquisition materials) became less common after 2006, and virtually ceased to exist in the wake of the credit crunch.
United States
27 Apr 2010
Purpose Statements in Engagement Letters Could Prove Costly if not Drafted Appropriately
A recent decision by the US District Court for the Southern District of New York regarding the terms of an engagement letter demonstrates the need to clearly articulate the intended purpose and scope of an engagement.
United States
8 Mar 2010
Language in Engagement Letters Deserves Greater Scrutiny
A recent ruling by the United States District Court for the District of Massachusetts should cause all entities entering into engagement letters or other similar letters, including banks and other lenders, to carefully consider the language used in their standard form letters.
United States
16 Dec 2009
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