Vietnam: Paperless Pitfalls: Enforceability of Scanned Contracts and Real Estate-Linked Guarantees in Vietnam – A Case Study

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In a high-value cross-border financing transaction, a foreign lender (the “Lender”), a foreign arranger (the “Arranger”), and a Vietnamese real estate developer (the “Borrower”) entered into a facility agreement (the “Facility Agreement”) under which the Lender agreed to extend a loan of up to USD 400 million. As consideration, the Borrower undertook to pay a total of USD 20 million in front-end and arrangement fees (the “Fees”)..