juillet 24 2025
Banking Law Journal: Understanding How ‘Course of Performance’ Principles Impact Financings
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Source: Banking Law Journal
When contract language is ambiguous and the court is tasked with finding the intended meaning, interpretation principles – such as “course of performance” – may be used. But did you know this principle is also codified and included in the UCC? In this Legal Update, we explain the scope of the “course of performance” interpretation principle, how it could impact financing facilities, and considerations for lenders to minimize unintended consequences.
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