Concludes that transfer isolates the transferred asset

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Reference no: EM131902900

DrugKing transfers a financial asset, its investment in a debt security, to InsureAll, a substantive third party (i.e., the transaction does not involve a QSPE). The asset is traded publicly (i.e., it is readily obtainable in the marketplace). DrugKing holds a conditional call that is attached to the asset. This call will permit DrugKing to repurchase the asset if LIBOR ever decreases below 4 percent (LIBOR was 6.5 percent as of the date of transfer). The option has a fixed exercise price and provides more than a trivial benefit to DrugKing. Outside counsel for DrugKing concludes that the transfer isolates the transferred asset (i.e., the assets have been put presumptively beyond the reach of DrugKing and its creditors, even in bankruptcy or other receivership).

Reference no: EM131902900

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