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Intercreditor Agreements
This is the sixth (and final) article in a series covering various aspects of intercreditor agreements.
Now that the holiday season is receding in the rear-view mirror, we in the finance industry have the privilege of taking a deep breath, looking back and taking stock. Of course, in the “normal” world, people generally don their “year-in-review” glasses during the month of December (especially the last week thereof). However, those working in finance do not have the luxury of engaging in such (non-billable/non-revenue-generating) qualitative examinations when deals need to be closed and goals need to be attained. Rather, we defer such our introspection for the first few weeks of the first quarter (once the lassitude of the fourth quarter rush has lifted).
This is by no means intended to be a comprehensive practice guide covering all things intercreditor. Each situation will be different, and the type of intercreditor agreement needed will depend on a variety of factual, legal and business considerations. However, I would like to think that I have gained some insights during the 15 years or so I have been practicing in the commercial finance arena, so I thought it would be helpful to cover a few practice-oriented thoughts, including some that do not appear to receive much consideration in literature or during CLE seminars.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?