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  • Brown & Wood, Blake Dawson Waldron, Allen Allen & Hemsley and Mallesons Stephen Jaques are all advising on Australia's first global bond issue which is backed by non-US mortgages. Australian bank Westpac lauched its US$1.4 billion offering on June 4 with ratings from Moodys, Standard & Poor's, and Fitch, the first time a bond issue has been rated by all three agencies.
  • The US$231 million Merida III project, one of the first independent power plants in Mexico, reached financial close on June 19. The project is being developed to sell power to the Mexican national electricity utility, Comision Federal de Electricidad (CFE). Lead sponsor AES Corporation with Nichimen Corporation in Japan and Grupo Hermes of Mexico looked to US firm Chadbourne & Parke. New York partner John Baecher and Peter Fitzgerald in Washington led the team. Also representing the sponsors were Antonio Franck and Ignacio Pesqueira of Franck, Galicia, Ducland & Robles in Mexico City.
  • British company Computacenter has been floated on the London stock exchange, with a global offering of 44,304,014 ordinary shares, including a Rule 144A placing in the US. The value of the transaction was £1.15 billion (US$1.84 billion) with Goldman Sachs acting as global coordinator. UK firm Linklaters & Paines represented Computacenter. Partners Matthew Middleditch and Charlie Jacobs worked on the flotation, providing advice on English and US law. UK firm Freshfields acted for Goldman Sachs with a team headed by partners Christopher Joyce (corporate) and US partner Tom Joyce (finance).
  • Arthur Andersen has abandoned plans to acquire Wilde Sapte, the city law firm it settled on after an 18-month search. Because of the defection of some of Wilde Sapte's most highly-regarded lawyers, Andersen felt the nature of the deal had substantially changed. Although they had originally voted in favour of the transaction, Wilde Sapte asset finance specialists David Smith and Mario Jacovides resigned shortly afterwards to join UK rival Allen & Overy. Also moving to Allen & Overy was top leasing partner Graham Smith. Several other Wilde Sapte stars were reported to be in talks with rival firms, including Philip Rocher, a litigator, and shipping finance head Robert Dibble.
  • The International Swaps and Derivatives Association (ISDA) has published its Emu protocol, an innovative answer to a number of issues raised by European Economic Monetary Union. The document, published in May, is intended to assist the modification of over-the-counter (OTC) derivatives contracts based on ISDA's master agreement. With tens of thousands of these contracts outstanding all over the world, dealing logistically with Emu is a great challenge. Parties to the contracts are facing a number of problems, such as continuation of their contracts or the disappearance of current price sources.
  • Article 1, paragraph 1 of Legislative Decree No. 239 of April 1 1996, containing provisions aimed at amending the financial treatment of interest and other capital gains deriving from securities and similar bonds, as amended by Article 12, paragraph 3 of Legislative Decree No. 461 of November 11 1997, will enter into force on July 1 1998. It provides that the 12.5% withholding tax under Article 26, paragraph 1 of the Decree of the President of the Republic No. 600 of September 29 1973 will not be applied to interest and other capital gains deriving from securities and similar bonds issued in Italy by certain entities to the extent that:
  • On January 1 1998, new regulations of the National Securities Depository of KDPW (Krajowy Depozyt Papierow Wartosciowych) entered into force. These new regulations became necessary due to the new Public Trading and Securities Act, published on October 3 1997 and which entered into force at the beginning of the year (see International Financial Law Review, May 1998 page 58). The regulations of the National Securities Depository describe the basic conditions of the deposit and clearing procedures in the field of public securities trading.
  • To reduce private expenditure and a growing balance of payments deficit, the Danish government has presented an economic constraint. The initiative includes a reduction of the interest allowance and increased taxation on real property.
  • New Zealand's personal property securities law has long been criticized by lawyers and financiers as being overly complicated and lacking in certainty. The absence of an integrated registration system for charges over personal property has created confusion and the additional expense involved has proved a disincentive to the use of personal property assets as collateral for all types of financing facilities. These problems have arisen because New Zealand's personal property securities laws are set out in a number of different statutes which provide different systems of registration and different priority rules depending on the nature of the property, the type of legal entity giving the security and the form of the security itself.
  • In Great Northern Insurance Co v Mount Vernon Fire Insurance Co, No. 97-7989, 1998 US App LEXIS 8413 (2d Cir May 1 1998), the US Court of Appeals for the Second Circuit certified a question to the New York Court of Appeals regarding the interpretation of the "other insurance" clause in a commercial general liability policy. The "other insurance" clause is a standard provision commonly found in commercial liability policies which typically comes into play when multiple insurance policies cover a single loss. It should apply only to disputes between insurance companies over how much each must pay for a particular loss. Great Northern gives New York's highest court the chance to confirm that "other insurance" clauses should not be employed to cut a policyholder's right to the full limit of an insurer's liability for a covered loss.