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Beneficial Interests in Loan Agreements
The question of beneficial interests in rights under loan agreements has been considered recently by the English courts in two different contexts. In both cases the underlying transactions involved comparatively familiar structures – secondary market debt trading and conduit lending to take advantage of double tax agreements. However, both decisions highlight the need to consider carefully the operation of “boilerplate” provisions in the light of actual circumstances.
UK
30 May 2006
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