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Noel Casey KC

Commercial Barrister
Noel Casey KC is a commercial barrister practising at 7 King’s Bench Walk. He is also a qualified Chartered Accountant. Before being called to the Bar, he spent six years at PwC as an auditor and consultant in the financial services division. Email: ncasey7kbw.co.uk

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The cost of further assurance

When a further assurance clause (FAC) provides that one party to a loan agreement is to take steps “at the cost” of one of the other parties, sundry questions may arise as to when that debt falls due; whether the debt is subordinated to that owed to other lenders; how it is to be quantified; and how it might be recovered. This article considers those issues where a mezzanine lender has assumed an obligation to provide further assistance or assurance at the request of a senior lender, on the basis that the costs are to be borne by the senior lender or the borrower.

13 JAN 2025