Library Search
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The Conditions of "Unconditional" Guarantees ( July 2002 )
In the case of AAR, the Seventh Circuit, predicting Illinois law, decided that a guarantor of a secured debt may not waive the right to a commercially reasonable disposition of collateral upon the debtor's default. Any "absolute, unconditional" guaranty of payment that could be interpreted as a waiver of commercial reasonableness is unenforceable. -
Third-Party Guarantors And Waiver of Defenses Based on Impairment of Collateral ( June 2001 )
Financial institutions and other creditors routinely secure their debt in part by ?absolute and unconditional? third-party guarantees. In these guarantees the guarantor typically waives various defenses, including any defense based on a claimed impairment of collateral. -
No Release of Loan Guaranty Under Confirmed Plan's General Release Provision ( June 2000 )
This article examines a recent 5th Circuit decision whereby the court ruled that when creditors or shareholders object to releases of a non-debtor, the court may approve the release upon special factors. -
CAVEAT VENDITOR = "Let The Seller Beware" ( June 2000 )
RULES OF SALES 1. Know your buyer. Before you make your first sale, obtain the correct legal compositio. -
Brownfield's Grants Are Available ( March 2000 )
”We should restore contaminated urban land and buildings to productive use.” With these words President Clinton ini. -
Real Property Transfer and Recordation ( February 2000 )
Maryland economic development agencies offer incentives to encourage and retain business, yet the real property tra. -
Words to the Wary: 10 Rules to Remember When Borrowing Money From a Bank ( October 1999 )
1. Don't rely on what your banker tells you; get it in writing. Don't make side deals that aren't documented . -
Bank of Stockton v. Automobile Dealers Acceptance Corp., et al and Related Cross Action ( September 1999 )
On May 17, 1999 the Sacramento Superior Court granted two motions for summary judgment in the same case. The Sa. -
Security Interests in Georgia ( September 1999 )
A material component of the wholesale marketing of petroleum products is the advancement of credit to cus. -
The OHADA Treaty: Recent Developments Will Spur African Investment and Project Financings ( July 1999 )
Introduction On October 17, 1993, 16 African States signed a treaty known as the Organisation pour l'Harmonisati.