 Cadwalader lawyers author timely memoranda on significant developments in the law in order to keep our clients and friends apprised as to what these developments may mean for their business. |
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| June 2009 |
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FBAR Filing Requirements For Owners of Foreign Accounts, Hedge Fund Investors, Hedge Fund Managers, and Financial Institutions; June 30, 2009 Filing Deadline Extended For Certain Filers Jun 29, 2009 |
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Third Party Releases Survive Supreme Court's Decision in Travelers Indemnity Co. v. Bailey Jun 25, 2009 |
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Obama Proposal for Regulatory Reform as It Relates to OTC Derivatives Markets Jun 22, 2009 |
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The Obama Administration’s Financial Regulatory Reform Proposal Jun 22, 2009 |
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The Obama Administration’s Financial Regulatory Reform Proposal and Its Impact on the Securitization Markets Jun 22, 2009 |
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Obama Administration’s Financial Regulatory Reform Proposal Introduced Jun 17, 2009 |
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Lenders File Motions to Dismiss Twenty-One Growth Properties Bankruptcy Cases as Bad Faith Filings Jun 04, 2009 |
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| May 2009 |
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TALF for Legacy CMBS: New York Fed Releases Terms and Conditions and FAQs May 20, 2009 |
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The Obama Administration's Fiscal Year 2010 Revenue Proposals May 20, 2009 |
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General Growth Properties Bankruptcy Court Enters Final Order on Cash Collateral, Cash Management, and DIP Financing Issues May 18, 2009 |
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Regulatory Reform of OTC Derivatives Markets May 15, 2009 |
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The Hedge Fund Transparency Act and Its Unintended Consequences for Cat Bonds May 12, 2009 |
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General Growth Properties Bankruptcy Court Defers Final Ruling on Cash Collateral, Cash Management and DIP Financing Issues May 11, 2009 |
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TALF for New-Issue CMBS: New York Fed Releases Terms and Conditions, FAQs and Revised TALF FAQs May 02, 2009 |
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Making Home Affordable Expanded to Second Lien Mortgages and to Incorporate Hope for Homeowners May 01, 2009 |
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| April 2009 |
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Treasury, Federal Reserve, & FDIC Credit and Liquidity Programs Apr 23, 2009 |
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IRS Offers to Ease Penalties for Taxpayers Who Disclose Their Overseas Accounts in the Wake of the Department of Justice's Continuing Crackdown on the Use of Tax Havens Apr 14, 2009 |
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IRS Guidance on the Home Affordable Modification Program Apr 13, 2009 |
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ISDA Auction Hardwiring and other Market Initiatives: Strengthening the Infrastructure for CDS Transactions Apr 08, 2009 |
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Treasury Extends Deadline for PPIP Fund Manager Applications; Releases Additional Guidance on Legacy Securities Portion of PPIPs Apr 06, 2009 |
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The Public-Private Investment Program For Legacy Loans: Unanswered Questions For Loan Sellers and Investors and Request For Comments by the FDIC Apr 02, 2009 |
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| March 2009 |
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UPDATE: Understanding the Term Asset-Backed Securities Loan Facility (“TALF”) Mar 27, 2009 |
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The Public-Private Investment Program; Treasury’s Plan to Cleanse Legacy Assets from Banks’ Balance Sheets Mar 26, 2009 |
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The Manny Ramirez Tax Lightbulb; Also (2 Ideas in 1 Memo) Putting Pay in Perspective Mar 24, 2009 |
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Obama Administration Releases Details of the Homeowner Affordability and Stability Plan Mar 10, 2009 |
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The Banking Act 2009: Counterparty Rights and Insolvent Banks Mar 10, 2009 |
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Stop Tax Haven Abuse Act (S. 506 and H.R. 1265) Mar 06, 2009 |
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Understanding the Term Asset-Backed Securities Loan Facility (“TALF”) Mar 04, 2009 |
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| February 2009 |
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New Bankruptcy Cram Down and Foreclosure Prevention Legislation Introduced Feb 26, 2009 |
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Highlights of the Homeowner Affordability and Stability Plan Feb 24, 2009 |
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Bank of England Asset Purchase Facility – A Panacea for the U.K. Corporate Credit Markets? Feb 17, 2009 |
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Certain Federal Income Tax Provisions of the American Recovery and Reinvestment Act of 2009 Feb 17, 2009 |
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Treasury’s Financial Stability Plan Increases Access to Term Asset-Backed Securities Loan Facility (TALF) Feb 10, 2009 |
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Legislation Affecting the REMIC Status of Existing Mortgage Securitization Transactions Feb 05, 2009 |
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Draft U.S. Law Seeks to Regulate Credit Default Swaps Feb 02, 2009 |
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Regulation D Filings for Hedge Funds - Beware the Ides of March! Feb 02, 2009 |
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| January 2009 |
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The Future of Financial Regulation: Meet the New Regulators, Better Than the Old Regulators? Jan 22, 2009 |
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ECB Eligible Collateral: The ECB Raises the Bar Jan 21, 2009 |
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Delaware Bankruptcy Court Decision in SemCrude Poses Setback to Triangular Setoff Jan 16, 2009 |
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Interim Guidance on Deferred Compensation Arrangements Under Section 457A of the Internal Revenue Code (IRS Notice 2009-8) Jan 16, 2009 |
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| December 2008 |
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Litigation Victories Dec 22, 2008 |
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Recent Developments in Residential Mortgage Loan Modification Programs Dec 18, 2008 |
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U.S. Federal Reserve Announces Two New Programs To Ease Credit Markets Dec 03, 2008 |
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| November 2008 |
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UK Pre-Budget Report 2008 Nov 26, 2008 |
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The Commercial Paper Funding Facility Program Nov 25, 2008 |
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A Plain English Summary of Credit Default Swap Settlement Protocols Nov 18, 2008 |
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House Takes Testimony From Hedge Fund Industry’s Major Players and Academics on the Topic of Hedge Fund Regulation Nov 14, 2008 |
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FINRA Issues Research Rule Proposal for Consolidated FINRA Rulebook Nov 05, 2008 |
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Managed Bank Loan Financing Facilities: Basic Overview for Hedge Funds Nov 03, 2008 |
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| October 2008 |
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The Continuing Evolution of ECB Eligible Collateral Oct 23, 2008 |
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Taxation of Nonqualified Deferred Compensation from Certain Offshore Entities Oct 20, 2008 |
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Senator Proposes Legislation to Regulate Derivatives Oct 17, 2008 |
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The DOL Issues Final Rule under ERISA Section 408(b)(19) Statutory Exemption for Cross-Trading of Securities Oct 16, 2008 |
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Lehman Brothers Bankruptcy Filings: Issues for Replacement Swap Counterparties and their Municipal Clients Oct 08, 2008 |
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Proposed Retention Requirements on Securitisation Positions Sold to European Credit Institutions Oct 07, 2008 |
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The Proposed Troubled Asset Relief Program and the Emergency Economic Stabilization Act of 2008 Oct 02, 2008 |
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| September 2008 |
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New York State Insurance Department Issues Circular Letter Regarding Regulation of Credit Default Swaps Sep 24, 2008 |
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Highlights of the Proposed Legislation to Implement the Treasury Department’s Bailout Plan Sep 23, 2008 |
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Temporary SEC Rules Regarding Naked Short Selling and Related Matters Sep 22, 2008 |
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Lehman Court Orders Outline Rights of Counterparties to Safe Harbored Financial Contracts Sep 21, 2008 |
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ECB Eligible Collateral: What Has Changed? Sep 10, 2008 |
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What Are Covered Bonds and Why Should You Care? Sep 10, 2008 |
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| August 2008 |
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Short Positions and Reporting Obligations for Holders of UK-Listed Securities Aug 11, 2008 |
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| July 2008 |
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The SEC Moves To Protect The Market From False Rumors And Certain Short-Selling Jul 24, 2008 |
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Bank of New York v. Montana Board of Investments: Limitation on the Power of the Senior Class of Note Holders to Control the Disposition of the Assets of a Structured Investment Vehicle Jul 18, 2008 |
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Creating ECB Eligible Collateral: Some Traps For The Unwary Jul 17, 2008 |
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SEC Proposals to Remove References to Ratings from the Securities Laws Create Implications for ABS Transactions Jul 17, 2008 |
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CSX Corporation v. The Children's Investment Fund Management (UK) LLP, et al.: New Developments Concerning Reporting Beneficial Ownership and Group Formation under Section 13(d) Jul 09, 2008 |
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SEC Issues Proposed Amendments to Rule 15a-6 Jul 09, 2008 |
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| June 2008 |
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European Statutory Covered Bonds: New Opportunities For Commercial Mortgage Finance Jun 10, 2008 |
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| May 2008 |
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American Home Court Expands Scope of Repo Safe Harbor May 29, 2008 |
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| March 2008 |
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Federal Reserve Invokes Depression-Era Law to Expand to Broker-Dealers Last Resort Lending Mar 19, 2008 |
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Telephone Taping and Capturing Electronic Communications: Obligations for UK Firms; US Implications and Perspectives Mar 17, 2008 |
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| February 2008 |
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IRS Asserts Variable Prepaid Forward Contract with Share Lending is a Present Sale Feb 21, 2008 |
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Regulated Covered Bonds 2008 Feb 13, 2008 |
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| January 2008 |
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The DOL’S Proposed Amendment to Regulation under ERISA Section 408(b)(2) Relating to Service Provider Fee Disclosures Jan 15, 2008 |
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Cadwalader Successfully Concludes Cases Jan 14, 2008 |
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American Home Court Excludes Servicing From Safe Harbors Jan 08, 2008 |
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| November 2007 |
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Analysis of In re Foreclosure Cases, 2007 WL 3232420 (N.D. Ohio Oct. 31, 2007) Nov 16, 2007 |
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FERC’s Initial Application of its New Anti-Manipulation Enforcement Authority in the Energy Trading Markets Along With Expanded CFTC Authority: Implications for Energy Traders of Financial Firms Nov 15, 2007 |
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Proposed REMIC Regulations on Modification of Mortgage Loans Held by REMICs Nov 12, 2007 |
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| October 2007 |
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Regulation R: Implementing the Bank Brokerage “Push-out” Provisions of the Gramm-Leach-Bliley Act Oct 02, 2007 |
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| September 2007 |
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China Adopts Its Landmark Antitrust Law Sep 28, 2007 |
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SEC Charges NEXT Financial Group With Violating Regulation S-P Sep 05, 2007 |
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| July 2007 |
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China’s New Labor Contract Law Provides More Protection for Employees Jul 20, 2007 |
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PRC’s CSRC Officially Permits Overseas Securities Investment by Qualified Domestic Institutional Investors (“QDIIs”) (Chinese Version) Jul 03, 2007 |
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PRC’s CSRC Officially Permits Overseas Securities Investment by Qualified Domestic Institutional Investors (“QDIIs”) (English Version) Jul 03, 2007 |
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| June 2007 |
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CFTC Proposes New Rule to Obtain Greater Oversight of OTC Derivatives Markets Jun 27, 2007 |
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SEC Accounting Proposal: Positive Development for PRC Based Companies With Shares Listed in the U.S. (Chinese Version) Jun 26, 2007 |
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SEC Accounting Proposal: Positive Development for PRC Based Companies With Shares Listed in the U.S. (English Version) Jun 26, 2007 |
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Cadwalader Securities Litigation Team Extends Winning Streak Jun 06, 2007 |
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| January 2007 |
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SEC Provides Guidance on Implementation of Regulation AB Jan 30, 2007 |
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| December 2006 |
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NYSE Amendments to Rule 431 Dec 15, 2006 |
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| October 2006 |
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2006 Securities Litigation Wins Continue Oct 30, 2006 |
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Brokerage Push-out - Back to the Drawing Board Oct 17, 2006 |
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| August 2006 |
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Highlights of the Pension Protection Act of 2006 Aug 08, 2006 |
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| July 2006 |
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Important Court Decision For No-Fault Insurers Jul 31, 2006 |
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| June 2006 |
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Investment Fund Alert Jun 23, 2006 |
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Relief for ABCP Conduits, Hedge Funds and other Structured Vehicles under Final New York Publication Law Jun 19, 2006 |
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| May 2006 |
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Interagency Statement on Sound Practices Concerning Elevated Risk Complex Structured Finance Activities May 16, 2006 |
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| March 2006 |
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New York Publication Law Mar 15, 2006 |
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New EPA Rule for “All Appropriate Inquiries,” New ASTM Standard for Phase I ESA and the Loan & Securitization Implications Mar 01, 2006 |
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| February 2006 |
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Introduction of the ‘New Global Note’ Format for International Bonds Feb 23, 2006 |
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