Patrick Clancy, Steven Sherman, Bjorn Bjerke
The article discusses limitations in the application of New York law participation agreements to English law loan transactions. Topics explored include the contractual claim received by a purchaser in a loan transaction under the English law participation agreement, the involvement of a bankruptcy court in determining transfer of property under the New York law-governed loan deal, and the statutory authority of the U.S. Federal Deposit Insurance Corporation (FDIC) over loan participation deals.
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