Although the New York law provides an exception to the status of fraud for financial contracts such as credit and receivables transactions, the courts do not automatically apply it, but the courts, when deciding whether the parties intend to enter into a binding verbal agreement, consider all the facts and circumstances of the merger. The courts will look at the sophistication of the parties involved and not the sophistication of the organization as a whole. Courts will also review phone calls, emails and other simultaneous communications to determine whether a binding agreement has been reached. Mr. Rankine stated that the minute of the board meeting reflected the agreed agreement that directors` loans would not be repaid on request. Mr. Rankine stated that the reference made in the minutes to NR „to ensure that the above measures have been taken“ refers to the resolutions mentioned per minute (a few paragraphs above) and not to the above direct paragraph on loan repayment. (2) For the purposes of this subdivision, a „qualified financial contract“ means an agreement that any party that is not a natural person is a natural person other than a natural person, and that is one of the following: as a result of the New York amendment to its fraud status in 2002, the LSTA made appropriate changes to its standard documents. An amendment that is still in effect today requires both parties who make commercial confirmation of the LSTA to use LSTA documents in future stores and to agree to be linked by „telephone, telephone or other means, directly or through their respective agents, or through their respective agents, and if they are confirmed.“ This provision also contains a waiver of defences on the basis of the Fraud Act.3The LSTA stated at the time that, as a result of these amendments, „a party who does not sign a trade cannot use only the failure to assert that the trade is unenforceable.“ » 4 1. An agreement or contract valid in other respects and by other enforceable means is not invalid in the absence of a mention, memorandum or other writing and may be enforceable by action or defence, provided that the contract or contract is a qualified financial contract within the meaning of paragraphs 2 and A, as stipulated in paragraph 3. , sufficient evidence that a contract or (B) the parties were entered into by a previous or subsequent written contract, agreed to be bound to the terms of the qualified financial contract from the date of the agreement (by telephone, by exchange of e-mails or other means) on these terms.