Our opinions are subject to the following additional reservations: 7 Practice varies as to whether the opinion contains documents that the expert`s preparers have reviewed for the purposes of the opinion. See opinion report, op. cit. cit., footnote I, p. 24-3-2, for a detailed analysis of the description of an expert`s factual examination. 12 Loan documents sometimes contain an appendix to the borrower`s essential agreements; In this case, the expert usually refrains from obtaining a certificate of agreements and instead refers to the agreements and instruments mentioned in the corresponding list. If the borrower is a company filing with the SEC, the statement may instead refer to material contracts filed as appendices to the borrower`s last Annual Report on Form 10-K, as well as any subsequent reports on Forms 10-Q or 8-K. Back 33 See General Opinions Report, supra note 1, pp. 15-17, 32-34 (with respect to factual confirmations or knowledge-based limitations). It should be noted that this definition of “knowledge” may be removed from this notice if the notice numbered 9(c) does not refer to “knowledge”. If there are sufficient contacts or bases to support the parties` choice of law and the lender requests a specific opinion on the determination of choice of law, a form for such notice follows: Note that if Corporate Power`s opinion is drafted in such a way that it goes beyond entering into and performing an agreement to the “power to continue its business such as that they are currently being conducted, The opinion should be based (in addition to reviewing the borrower`s articles, which will be reviewed to confirm the absence of restrictions on entrepreneurial powers) on a certificate or disclosure document describing this transaction. An appraisal, also known as a legal opinion, is a letter from a legal advisor that facilitates a lender`s due diligence process in a transaction.
The opinion letter is used in credit analysis to determine whether or not to grant a loan to a borrower. We have also reviewed these other documents and conducted any other legal and factual audits and investigations that we deem necessary to provide the following opinions. (8) [Please note that a court may refuse enforcement [Section – of the loan agreement], which provides for [judicial review of arbitral awards/other grounds]. We do not comment on the impact of the inclusion of this provision in [the loan agreement] on the enforceability of the parties` agreement to submit disputes to arbitration.] (1) Our opinions are subject to (a) bankruptcy, bankruptcy, reorganization, composition, moratorium and other similar laws of general application relating to or affecting the rights of creditors generally; and (b) general principles of fairness, including, but not limited to, the concepts of materiality, reasonableness, good faith and fair dealing, whether considered in equity or by law. This letter may only be used by the creditor in the context of the operations provided for in the loan agreement. No other party may rely on this letter or the opinions expressed therein without our prior written consent. These limitations allow reviewers to avoid having to rely at least as much on the traditional and less satisfactory constraints of “knowledge” and “materiality”. It also avoids the fundamental problem with traditional formulation, which is that it is a factual confirmation that depends (almost exclusively) on the information that the borrower (and in our example, the guarantor) provides to the valuation preparers. If the beneficiary wishes a broader factual confirmation than that proposed in the text, it is recommended that the expert should not rely in its traditional form on an adequate factual presentation of the borrower and the guarantor. The 1998 opinion report and the 1998 TriBar report come to a similar conclusion.
See Comment Report, footnote 1, p. 64; TriBar Report 1998, op. cit. cit., note 1, pp. 663-665. (xvi) a certificate from the [chief financial officer, general counsel or other appropriate official] of the borrower and the guarantor of certain facts relevant to that report. 16 The assumptions listed are often made by a California preparer appraiser in relation to loans from an institutional lender. Some reviewers omit (b) and/or (c) because the issues they raise can reasonably be accepted without explicitly stating them. Examples of other relevant assumptions or reservations for a private loan can be found in the UCC report, supraFootnote 3, Appendix B. The opinion report should also address other assumptions or limitations that may be appropriate in certain situations. See opinion report, note 1, pp. 33-34.