Promesse de ne pas faire

English translation: (Security interests) Negative pledge; (employment/land) restrictive covenant

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:Promesse de ne pas faire
English translation:(Security interests) Negative pledge; (employment/land) restrictive covenant
Entered by: Adrian MM. (X)

10:07 Dec 11, 2015
French to English translations [PRO]
Bus/Financial - Finance (general)
French term or phrase: Promesse de ne pas faire
This appears in a list of security interests provided by a company:

Caution, Gage sur fonds de commerce, Hypothèque, Promesse de ne pas faire, Hypothèque ...

Any ideas?

Thanks
Jane RM
France
Local time: 20:44
(Here) Negative pledge; (employment/land) restrictive covenant
Explanation:
Credit to Allegro in the discussion entries for fastening on the security interests context.

Negative pledge: 'keep off' creating any further fixed, floating or land charges.

Otherwise, restrictive covenant would work for employment and land. The web ref. to being contained in a deed is wrong and must refer to land only. Restrictive covenants may be contained in 'undeeded' contracts of employment and directors' service contracts.

Surprisingly, even UK lawyers and legal textbooks mix up (lawful) restrictive covenants and (deemed-unlawful) restraints of trade.




Selected response from:

Adrian MM. (X)
Local time: 20:44
Grading comment
this seems the most likely, thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1(Here) Negative pledge; (employment/land) restrictive covenant
Adrian MM. (X)
4Non-Disparagement Clause
Bonnie Zaleski


Discussion entries: 3





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
(Here) Negative pledge; (employment/land) restrictive covenant


Explanation:
Credit to Allegro in the discussion entries for fastening on the security interests context.

Negative pledge: 'keep off' creating any further fixed, floating or land charges.

Otherwise, restrictive covenant would work for employment and land. The web ref. to being contained in a deed is wrong and must refer to land only. Restrictive covenants may be contained in 'undeeded' contracts of employment and directors' service contracts.

Surprisingly, even UK lawyers and legal textbooks mix up (lawful) restrictive covenants and (deemed-unlawful) restraints of trade.






Example sentence(s):
  • Negative pledge is a provision in a contract which prohibits a party to the contract from creating any security interests over certain property specified
  • Restrictive Covenant. A provision in a deed limiting the use of the property and prohibiting certain uses

    Reference: http://https://en.wikipedia.org/wiki/Negative_pledge
Adrian MM. (X)
Local time: 20:44
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 83
Grading comment
this seems the most likely, thanks

Peer comments on this answer (and responses from the answerer)
agree  njrobertson: Fully agree
4 mins
  -> Thanks. You obviously have that all-important practical experience.
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1 day 6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Non-Disparagement Clause


Explanation:
I'm wondering if this has anything to do with a non-action agreement? Instead of an NDA, a Non-Disparagement Clause.

The definition on contractstandards.com states: "A non-disparagement clause restricts individuals from taking any action that negatively impacts an organization, its reputation, products, services, management or employees".

Bonnie Zaleski
United States
Local time: 14:44
Works in field
Native speaker of: English
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