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Mr. Gulati, 44, is a bond contract specialist who enjoys digging into the ins and outs of negative pledges, pari passu and other boilerplate arcana.
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The Boston Company, said Mr. Peters, was "the first big player with the negative pledge loans, and negative pledge loans became very significant in the last dozen years".
Negative pledge covenants protect bondholder claims on the earning power of a corporation's assets.
Negative pledge clauses were always used and asset sales were limited.
This is a "negative pledge", setting out what Cardiff may not do according to their responsibilities under the mortgage.
Mr. Klotzbier of Mellon and Ms. DiMarino of First Republic said they would continue to offer the negative pledge loans.
The negative pledge loans are basically mortgages written for strict co-op buildings with policies that prohibit such loans.
A negative pledge bars Vivendi from assigning collateral to new creditors unless it first receives approval from existing lenders.
The bank included a negative pledge clause and a prohibition on asset sales of more than $1 million in any fiscal year.
One reason may be that the direct-insurance version may breach "negative pledge clauses" in contracts governing some bonds.
The first is called a negative pledge clause, and the second is known as the pari passu clause.
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