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  • Sakhalin Energy Investment Company, a Bermuda company owned by Marathon Oil Company, Mitsui & Co, Shell Petroleum and Mitsubishi Corporation has entered a production sharing agreement with the Russian Federation. The agreement gives Sakhalin the right to develop the Piltun-Astokhskoye oil and gas field and the Lunskoye gas field, located offshore Sakhalin Island, for 25 years. The cost of the financing of the first phase of the development of the Piltun-Astokhskoye field is approximately US$733 million, with US$385 million in equity and US$348 million in loans from the European Bank for Reconstruction and Development (EBRD), the Overseas Private Investment Corporation (OPIC), and the Export-Import Bank of Japan (J-EXIM). Each of the lenders will provide US$116 million. In-house counsel from Sakhalin (Larry Zielke, Scott Zander and Alexander Golubnichy), from Shell (Robert Pritt) and from Marathon Oil (Jim Murphy, Rick Kolencik and David Feldwisch) worked on the deal. Coudert Brothers represented Sachalin, with partners Peter O'Driscoll (project finance) and John Sheedy (Russian law and project finance) leading the team from London and New York.
  • A recent revision of the Swiss Law on Telecommunications (telecoms law) has brought a change of certain provisions of the Swiss Criminal Code. The impact on banks and trade businesses tape recording conversations with their business partners is considerable. The recording of telephone conversations is subject to provisions of civil and public law. The Swiss Civil Code and the Swiss Code of Obligations provide general rules on the protection of personal rights.
  • The US$1.52 billion financing for the expansion and modernization of Permex' Cadereyta Refinery in Mexico has been closed, the largest project financing to be completed in Latin America. Funding involves a US$370.3 million bond offering, US$804.8 million loans from commercial banks and US$346 million loans from Kreditanstalt fur Wiederafbau. The project sponsors are SK Engineering and Construction, from Korea, Siemens, from Germany, and Grupo Tribasa, from Mexico.
  • A non-US court applying the non-US law governing a swap contract may not recognize a restraining notice served by a creditor as a defence to payment. By Mark P Zimmett from the Law Offices of Mark P Zimmett, New York
  • Article 1, paragraph 1 of Legislative Decree No. 239 of April 1 1996, containing provisions aimed at amending the financial treatment of interest and other capital gains deriving from securities and similar bonds, as amended by Article 12, paragraph 3 of Legislative Decree No. 461 of November 11 1997, will enter into force on July 1 1998. It provides that the 12.5% withholding tax under Article 26, paragraph 1 of the Decree of the President of the Republic No. 600 of September 29 1973 will not be applied to interest and other capital gains deriving from securities and similar bonds issued in Italy by certain entities to the extent that:
  • With projects often needing amendments or waivers from financiers, the use of project agents instead of trustees has been suggested for project bonds. Richard Forster reports
  • Paragon has completed a £300 million (US$498 million) securitization of a portfolio of mixed consumer loans, including car loans, timeshare loans and stocking finance agreements. It is a first for Paragon, traditionally a securitizer of mortgages. The floating rate notes were issued through a special purpose vehicle, Finance for People (No. 3). JP Morgan acted as lead manager and Morgan Guaranty Trust Company of New York as trustee. Slaughter and May advised Paragon and Finance for People, with a team led by corporate partners Chris Smith and Andrew McLean. Also involved on the issuer's side are Tods Murray, providing Scots law advice and L'Estrange & Brett providing Irish law advice.
  • • US firm Paul Hastings Janofsky & Walker is expanding its London office. Wayne McArdle, former chief counsel of the European Bank for Reconstruction and Development, has joined the firm as a partner. McArdle is a corporate finance specialist, with significant experience in project finance transactions in central and eastern Europe. Corporate partner and securities specialist Joel Simon is also relocating from New York to London, along with a corporate associate.
  • Quebec’s new Bill 181 amends the Civil Code to require registration of secured transactions. It has important implications for securitization. By Sterling Dietze of Stikeman, Elliott, Montreal
  • British company Computacenter has been floated on the London stock exchange, with a global offering of 44,304,014 ordinary shares, including a Rule 144A placing in the US. The value of the transaction was £1.15 billion (US$1.84 billion) with Goldman Sachs acting as global coordinator. UK firm Linklaters & Paines represented Computacenter. Partners Matthew Middleditch and Charlie Jacobs worked on the flotation, providing advice on English and US law. UK firm Freshfields acted for Goldman Sachs with a team headed by partners Christopher Joyce (corporate) and US partner Tom Joyce (finance).