On Aug. 24, the U.S. Court of Appeals for the Second Circuit issued its highly anticipated decision in the case of Kirschner v. J.P. Morgan Chase Bank NA.
The three-judge panel unanimously upheld the district court's...more
Second Circuit upholds SDNY’s finding that under Reves syndicated loans are not securities under federal law.
Introduction -
On August 24, 2023, the US Court of Appeals for the Second Circuit issued its highly...more
8/29/2023
/ Appeals ,
Blue Sky Laws ,
Commercial Bankruptcy ,
Credit Facilities ,
Debt Instruments ,
Institutional Investors ,
Lenders ,
Loans ,
Market Participants ,
Recapitalization ,
Refinancing ,
Securities ,
Syndicated Loans
The ruling, which held that the transaction did not violate the implied covenant of good faith and fair dealing, highlights the importance of carefully drafting lending documents.
On June 6, 2023, Judge David Jones of the...more
Decision affirms long-standing market convention.
On May 22, 2020, Judge Gardephe of the US District Court for the Southern District of New York held that syndicated term loans do not constitute securities under various...more
Section 956 final regulations confirm those eligible for territorial dividend exemption can benefit from foreign guarantee and collateral support without incurring US tax.
On May 23, 2019, the US Treasury and Internal...more
The new tax rules are expected to have an immediate impact on leveraged companies and leveraged finance transactions.
On December 22, 2017, President Trump signed into law the “Tax Cuts and Jobs Act” (the Act).1 This...more
LSTA publishes model provisions for use in US law-governed credit agreements to assist in adopting new EU bail-in rules.
European Economic Area (EEA) financial institutions are now subject to a new set of regulatory...more