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Legitimate coercion or unlawful abuse? Assénagon and the power to bind the minority in liability management exercises revisited

Since the decision in Assénagon in 2012, there has been some doubt as to how much coercion can be applied in a consent solicitation that includes an "exit consent" and whether consents that seek to force detrimental economic...more

Longer and longer the sequel: bonds follow the trend

Following from the European Leveraged Finance Client Alert Series article "Longer and longer: the ever lengthening loan agreement,"  the White & Case team compares similar trends in high yield bond documentation that have led...more

Change of Control Clauses in High Yield: What You Need to Know

European Leveraged Finance Client Alert Series: Issue 4, 2019 - Most high yield indentures contain a "Change of Control" clause that relates to changes in the beneficial ownership of the issuer. We provide an overview of...more

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