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Interpreting Ambiguities In Loan Documents - Part II
Part I of this article appears in the May 2004 issue of The Metropolitan Corporate Counsel.In Part I of this article we examined some of the basic rules of contract interpretation and their application to a hypothetical situation involving the priority of postpetition interest.1 We will now examine...
Read MoreInterpreting Ambiguities In Loan Documents - Part I
Part II of this article appears in the June 2004 issue of The Metropolitan Corporate Counsel.You and your borrower signed the loan documents two months ago. The borrower now tells you that it intends to consummate a transaction you just can't imagine you agreed to let it do. As you listen to the...
Read MoreNSR: An Industry Lawyer's Perspective On The Ongoing Battle Over Who Speaks For EPA
"Vacillating" and "inconsistent" are the kindest terms that one can apply to the federal government's position on New Source Review (NSR) under the Clean Air Act (CAA) in recent years. Underlying these inconsistencies is an ongoing battle between some members of the U.S. Environmental Protection...
Read MoreThe SEC's Final Rules On Director Nominations And Shareholder Communications With Directors: Form Or Substance?
Editor: Please tell our readers something of your background and experience.Gross: I have been at Willkie Farr since 1979 and became a corporate and securities law partner in 1986. I practice in the general corporate area, such as issuances of debt or equity securities by public and private...
Read MoreConversation With Yaacov M. Gross, Partner, Willkie Farr & Gallagher LLP, With Respect To Sarbanes-Oxley Developments
Editor: What changes in financial reporting for year-end 2003 statements and for upcoming 2004 quarterly statements should we expect to see?Gross: There are a variety of recent accounting changes the full effects of which are being felt currently, like FIN 46 which I equate with Sarbanes-Oxley's...
Read MoreAchieving Economic Stability In Asia: How Will The Bush Administration Act?
The meetings of the Association of Southeast Asian Nations (ASEAN) and Asia-Pacific Economic Cooperation (APEC) forum in October ended very differently, and sparked concern among trade watchers as to the future role the United States will play in Asia. The ASEAN meeting concluded with a stronger...
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