Thursday, September 28, 2017 2:49:07 PM
Commentary:
100% spot on. Off balance sheet means sold and not longer the assets of WMB.
On January 17, 2002, the State of Delaware enacted the Asset-Backed Securities Facilitation Act, 6 Del. C. § 2703A (the "ABSFA"). The ABSFA effectively creates a safe harbour under Delaware state law for determining what constitutes a true sale in securitisation transactions.
The ABSFA first provides that "[a]ny property, assets or rights purported to be transferred, in whole or in part, in the securitization transaction shall be deemed to no longer be the property, assets or rights of the transferor."[1] Given the foregoing provision, to the extent Delaware law applies, the traditional legal criteria used in determining what constitutes a true sale in the context of a securitisation is intended to be irrelevant.
The ABSFA further states that "[a] transferor in the securitization transaction ... to the extent the issue is governed by Delaware law, shall have no rights, legal or equitable, whatsoever to reacquire, reclaim, recover, repudiate, disaffirm, redeem or recharacterize as property of the transferor any property, assets or rights purported to be transferred, in whole or in part, by the transferor."[2] The ABSFA also provides that "n the event of a bankruptcy, receivership or other insolvency proceeding with respect to the transferor or the transferor's property, to the extent the issue is governed by Delaware law, such property, assets and rights shall not be deemed part of the transferor's property, assets, rights or estate."[3] The foregoing provisions facilitate reaching the conclusion that a true sale exists in the context of a securitisation transaction where Delaware law applies.
Recent COOP News
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/11/2024 09:34:36 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/04/2024 11:05:39 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/04/2024 11:04:15 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/04/2024 11:03:04 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/04/2024 11:01:41 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/04/2024 10:59:25 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 02/26/2024 09:28:25 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 02/14/2024 09:15:59 PM
- Form 3 - Initial statement of beneficial ownership of securities • Edgar (US Regulatory) • 02/09/2024 09:13:50 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 02/09/2024 12:00:29 PM
- Mr. Cooper Group Reports Fourth Quarter 2023 Results • Business Wire • 02/09/2024 12:00:00 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 02/01/2024 09:30:02 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 01/30/2024 09:26:40 PM
- Mr. Cooper Group Inc. Announces Pricing of Offering of $1 Billion of Senior Notes • Business Wire • 01/29/2024 11:02:00 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 01/29/2024 12:55:56 PM
- Mr. Cooper Group Inc. to Discuss Fourth Quarter 2023 Financial Results on February 9, 2024 • Business Wire • 01/11/2024 09:55:00 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 01/09/2024 09:00:53 PM
- Mr. Cooper Group Appoints Mike Weinbach as President • Business Wire • 01/09/2024 09:00:00 PM
- Meta CEO Sells $428 Million in Shares Since November, AMC Hits New Record Low, and More • IH Market News • 01/04/2024 09:51:01 AM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 01/02/2024 09:19:20 PM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 12/29/2023 08:45:45 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 12/19/2023 09:08:37 PM
- Form 8-K/A - Current report: [Amend] • Edgar (US Regulatory) • 12/15/2023 12:01:51 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 11/30/2023 09:13:25 PM
- Form 8-K/A - Current report: [Amend] • Edgar (US Regulatory) • 11/09/2023 11:56:20 AM
Endexx Corporation (EDXC) Leverages Global Market Trends and Legislative Reforms to Spearhead Growth in the Cannabis and Plant-Based Wellness Sectors • EDXC • Mar 27, 2024 3:01 PM
Applied UV, Inc. Announces Pricing of $2.76 Million Registered Direct and Private Placement Priced at the Market Under Nasdaq Rules • AUVI • Mar 27, 2024 2:51 PM
POET and MultiLane Collaborate to Develop High-Speed Pluggable Transceivers for AI Networks • POET • Mar 27, 2024 10:52 AM
Maybacks Global Entertainment Opens 23 More Stations in Important Major Cities • AHRO • Mar 27, 2024 9:00 AM
NxGen Brands Inc. Forecast to Deliver 140% Growth in Q1 2024 • NXGB • Mar 27, 2024 7:30 AM
Kona Gold Beverages, Inc. Strategic Advancements: Covert LLC Introduces Federally Legal D9 Gummies and Revamps Innovative eCommerce Platform, Propelling Toward $12 Million Annual Revenue Goal • KGKG • Mar 26, 2024 8:30 AM