January 8, 2020

Isn’t That What it Says? - Potential Perils of Incorporation by Reference in Finance Transactions

Secured Finance Network
Brian Smith

Lenders are often tempted to simplify documentation by relying on "incorporation by reference." Although it can be an appropriate tool for producing more concise documentation for loan transactions, cases have highlighted unintended consequences associated with blind reliance on whether a document says what it was expected to say.

READIsn’t That What it Says? - Potential Perils of Incorporation by Reference in Finance Transactions

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