Alyson Allen

Alyson Allen

Ropes & Gray LLP

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Bankruptcy Court Holds That Secured Creditors Can Be “Crammed Down” With Below-Market Rate Replacement Notes

On August 26, 2014, in the case In re MPM Silicones, LLC, Case No. 14-22503 (Bankr. S.D.N.Y.) (“Momentive”), the United States Bankruptcy Court for the Southern District of New York held that secured creditors could be...more

9/3/2014 - Bankruptcy Code Chapter 11 Commercial Bankruptcy Cramdown Interest Rates Promissory Notes Secured Creditors

Reform of the Audit Market in the EU – Implications For Borrowers and Loan Documentation

A legislative package for the reform of the audit market in the EU has this month been approved by the EU Parliament and adopted by the Council of the European Union. Listed companies will need to change the firms that audit...more

4/29/2014 - Audits Deloitte Ernst & Young EU KPMG New Regulations PwC

Ninth Circuit Widens Circuit Split Over Application of State or Federal Bankruptcy Law To Determine Whether Claims of...

In an important decision for private equity sponsors and other insiders who advance loans to their businesses, on April 30, 2013, the Ninth Circuit Court of Appeals in In re Fitness Holdings International confirmed that...more

5/3/2013 - Debt Insider Loans Lenders Loan Documentation Loans Private Equity

Secured Lender’s Large “Makewhole” Claim Upheld By Delaware Bankruptcy Court

The United States Bankruptcy Court for the District of Delaware recently upheld a secured lender’s claim for a $23.5 million “makewhole” premium (the “Makewhole Claim”) over the heavily litigated objection raised by the...more

4/26/2013 - Chapter 11 Lenders Premiums

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