Simpson Thacher & Bartlett
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On 13 August 2012, the US Securities and Exchange Commission and US Commodity Futures Trading Commission published in the Federal Register joint final rules and interpretive guidance further defining the terms ‘swap’, ‘security-based swap’, ‘mixed swap’, and ‘security-based swap agreement’.
The recent judgment of the Chancery Division of the English High Court in Assénagon Asset Management SA v Irish Bank Resolution Corporation Limited (formerly Anglo Irish Bank Corporation Limited), issued on 27 July 2012, struck down an exit consent in a transaction governed by English law.