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Fifth Circuit Vacates SEC’s Private Fund Advisers Rule

The Fifth Circuit Court of Appeals has vacated a Securities and Exchange Commission rule that represented one of the most significant changes to regulating private funds and private fund advisers since 2010....more

WeWork Bankruptcy: The Basics

As you may know, WeWork Inc. and 517 of its affiliates filed Chapter 11 bankruptcy petitions this week. At its height, WeWork was valued at $47 billion, but the company’s Class A Common Stock declined more than 98 percent...more

Kirschner Court Adopts Fact Specific Analysis to Conclude That Loans Are Not Securities

The United States Court of Appeals for the Second Circuit recently affirmed the 2020 Kirschner v. JP Morgan Chase Bank, N.A. ruling that a secured $1.775 billion syndicated term loan to Millennium Laboratories LLC...more

9/15/2023  /  Borrowers , Investors , Loans , Syndicated Loans

SEC Private Fund Rule Changes: What You Need to Know

The Securities and Exchange Commission (SEC) has adopted the most significant changes to regulating private funds and private fund advisors since 2010. The changes expand the scope of disclosure, reporting and other...more

The LSTA’s Updated DQ Structure: Loan Trading and Drafting Considerations

Earlier this month, the LSTA published a market advisory outlining some recent changes to the disqualified institutions provisions (the “LSTA DQ Structure”) set forth in the LSTA’s Model Credit Agreement Provisions (the...more

COVID-19-Related Defaults in European Leveraged Loans Could Create Opportunities for Distressed Investors

Since the last financial crisis, borrowers and private equity sponsors have cut distressed investors out of most European leveraged loan deals. According to Reorg Debt Explained about 66% of European leveraged loans in 2019...more

Secondary Trading As Usual?

In a very short time, the COVID-19 pandemic has spread frightening levels of uncertainty all around the world. While many schools, businesses, and houses of worship have closed, the financial markets remain open. ...more

4/2/2020  /  Allstate , Coronavirus/COVID-19 , Loans
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