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  • A recent High Court decision (Anchorage Management Limited v D A Oldham & P J Cordner as trustees of the Royds Family Trust) provides a useful reminder of the potential impact of the Limitation Act 1950. The case involved a debt due from a family trust which was 'payable on demand'. The court reaffirmed a centuries' old rule that, on their own, the words 'payable on demand' are not sufficient to qualify the implied promise of immediate repayment.
  • Gazprom has arranged a US$3 billion loan to finance its investments in the Yamal pipeline project and to refinance a US$1.2 billion bridge loan. The eight-year facility will be secured against revenues from Gaz de France supply contracts.
  • US/UK automotive parts supplier LucasVarity is selling its VarityPerkins Engines business to US rival Caterpillar for US$1.3 billion. While the deal surprised some analysts, who viewed Perkins as an essential part of LucasVarity, the acquisition is seen as a good strategic fit for Caterpillar.
  • The Australian Mutual Provident Society recently carried out a public offering of its 9.1% interest in Westpac Banking Corporation for US$1 billion. The Westpac Corporation shares were sold by Australian Mutual Provident in the form of STRYPES (Structured Yield Product Exchangeable for Stock), underwritten by Merrill Lynch.
  • UAE
    Central Bank Circular No. 19 of 1997 establishes guidelines for banks, finance and investment companies to follow when lending funds to persons who wish to subscribe to shares of public joint stock companies. The growing number of initial public offerings of shares in public joint stock companies in the UAE represents an attractive and relatively new investment opportunity for UAE nationals.
  • New York-based Skadden, Arps, Slate, Meagher & Flom is set to open an office in Silicon Valley, California. It will be the centre of Skadden's high technology practice as well as focusing on mergers and acquisitions and intellectual property (IP) issues, capital market transactions and litigation matters.
  • Denton Hall has opened a New York office and appointed two insurance partners from Dibb Lupton Alsop. The new office will specialize in insurance and reinsurance, both contentious and non-contentious, as well as developing its commercial litigation and arbitration practice.
  • Mercury Asset Management, the UK's leading fund management company, has agreed a £3.1 billion (US$5.2 billion) cash offer from US investment bank Merrill Lynch. UK firms Freshfields and Allen & Overy are advising on the deal.
  • Pre-export credits are offered a beneficial tax rate in Brazil. The attractions are clear but rescheduling should be avoided. By Richard W Grice of Alston & Bird, Atlanta, and Ana Carolina de Salles Freire of Tozzini, Freire, Teixeira e Silva, São Paulo
  • An October Decree removes many of the disadvantages of France's FCCs as securitization vehicles. The reform should boost the French and the European securitization markets. By Richard Parolai and Jonathan Lewis of Clifford Chance, Paris