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PIK a pocket or two?

The macro-economic landscape of recent years, marked by rising interest rates and inflationary pressures, has significantly escalated borrowing costs in the European mid-market. This has prompted borrowers to explore...more

Creditor protections in liability management transactions

Liability management transactions which may favour a subset of creditors over another are increasingly common in the US leveraged finance markets. 2024 may be seen as the year in which these US imports began to make a real...more

Governing law of loan agreements – why does it matter?

Borrowers and lenders alike may be forgiven for running out of steam when, having negotiated ever more complex commercial grids, term sheets and loan agreements, one reaches the final line item – the governing law of the loan...more

Side Letters: Just Paper Tigers, Or Do They Roar?

Side letters document bespoke arrangements between all or certain parties to a financing transaction and supplement the terms of the principal documents thereto. Becoming increasingly popular with stakeholders, and with the...more

Six things to reflect on for creditors considering a share pledge enforcement

In the current market, investors are increasingly considering their options in relation to the stressed and distressed credits in their portfolios. Whilst mindful of stakeholder relationships, secured lenders may, in some...more

Are You as Senior Secured as You Think?

Senior secured creditors, being the anchor creditor in the capital stack, will always be focused on ensuring their priority claim is as robust as possible, with clearly delineated capacity for 'super priority' debt. However,...more

European leveraged finance: A whole new world

European leveraged finance in 2023 was saddled with the negative effects of elevated interest rates. But as the market adjusts to the “new normal”, rate and price stability offer hope for a brighter 2024. -Rising interest...more

Getting the deal done: How is European PE securing debt in a tight market?

European PE dealmaking declined in 2022—down 38 per cent year-on-year, according to Mergermarket—as macro-economic uncertainty intensified, valuations became increasingly volatile, and financing tightened. Under the...more

Recurring revenue reset?

After a year of red-hot moves in the tech sector, markets have cooled down in 2022, as inflation and rate hikes prompted many investors to prioritize investment in safe haven asset classes....more

Buy-and-build boom sees add-on debt surge

Issuers are tapping institutional loan markets for add-on debt at a rapid pace as private equity firms turn to buy-and-build strategies to lower entry multiples and accelerate deployment - Debt issuance to fund add-on...more

Regulators determined to keep SOFR transition on track

The disruption to capital markets caused by the COVID-19 pandemic has not shifted the overall timeline of regulators and industry bodies for the replacement of US dollar LIBOR with SOFR by the end of 2021. With the expected...more

Launch of the Coronavirus Large Business Interruption Loan Scheme

For further information, please visit the White & Case Coronavirus Resource Center. On 2 April, the Chancellor of the Exchequer announced a scheme aimed at providing support to the so-called "squeezed middle", which comprises...more

Treasury announces measures to assist companies falling through the cracks: the Coronavirus Large Business Interruption Loan...

While the UK Government, for the most part, has been praised for taking quick, decisive action to limit the impact of the COVID 19 economic shock for consumers and some UK companies, the measures announced to date excluded a...more

Quid pro-quo: Conditioning Waiver Requests

Faced with a rapidly evolving business landscape, lenders, borrowers, advisors and other stakeholders in the leveraged finance market are working hard to assess and monitor current and anticipated problems in existing loan...more

Covid Corporate Financing Facility: further details released

In our client alert entitled "Government-backed initiatives to support businesses impacted by the Coronavirus" we gave an overview of various measures announced by the UK Government to help UK business through the economic...more

Coronavirus Business Interruption Loan Scheme launches with amended criteria

In our client alert titled "Government-backed initiatives to support businesses impacted by the Coronavirus," we gave an overview of various measures announced by the UK Government to help UK business through the economic...more

Government-backed initiatives to support businesses impacted by the Coronavirus

The UK Government has been quick to respond to the economic shock and disruption caused by the outbreak of COVID-19 and, over the past week, the Chancellor of the Exchequer, HM Treasury and the Bank of England have announced...more

Anglo-American relations: A special relationship with subtle differences

Much has been written about the influence of US terms on European transactions and particularly the steady migration of US concepts into English law facilities agreements, resulting from the supply-demand imbalance in the...more

Calculating and Implementing Additional Debt Capacity

European Leveraged Finance Alert Series: Issue 2, 2019 - This year European leveraged loan borrowers will test the terms of the additional debt provisions in their loan agreements and there is expected to be significant...more

Synergising synergies

The definition of EBITDA has always been a fundamental negotiation point in the leveraged finance market; ultimately, a legal construct as opposed to one derived from any recognised accounting standard. In recent years,...more

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