Scott M. Zimmerman

Scott M. Zimmerman

Dechert LLP

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Recent Developments in Acquisition Finance

A recent Delaware bankruptcy court decision may potentially place at risk an equity sponsor’s ability to retain proceeds from the sale of a portfolio company whose performance later deteriorates, where the selling sponsor...more

10/5/2016 - Acquisitions Bankruptcy Code Chapter 11 Commercial Bankruptcy Financial Transactions Fraudulent Transfers Portfolio Companies Preemption

Global Private Equity Newsletter - Summer 2016 Edition: Recent Developments in Acquisition Finance

Private equity sponsors should be aware of two recent court decisions. One involves fiduciary duties under state law that may be owing to a limited liability company borrower by its managers, in the context of receivables...more

7/6/2016 - Acquisition Finance Commercial Bankruptcy Limited Liability Companies Operating Agreements Portfolio Companies Private Equity Special Purpose Vehicles Statute of Limitations

Global Private Equity Newsletter - Winter 2016 Edition: Recent Developments in Acquisition Finance

Two recent court decisions may result in a broadening of the range of options available to an equity sponsor in respect of an insolvent portfolio company. The first decision may provide increased flexibility in structuring...more

1/18/2016 - Absolute Priority Rule Acquisition Finance Board of Directors Breach of Duty Business Judgment Rule Chapter 11 Creditors Debtors Fiduciary Duty Insolvency Portfolio Companies Private Equity

Global Private Equity Newsletter - Fall 2015 Edition: Recent Developments in Acquisition Finance

When a portfolio company underperforms, a sponsor may consider various options to address the perceived performance issues, including changes to a portfolio company’s management team, cost structure, capital structure or...more

10/16/2015 - 363 Sales Acquisition Finance Bankruptcy Code Bonds Borrowers Chapter 11 Commercial Bankruptcy Creditors Debtors Lenders Loan Agreements Private Equity Private Placements RadioShack Rule 144A Trust Indenture Act

Private Equity Newsletter - Summer 2015 Edition: Recent Developments in Acquisition Finance

As we discussed in a prior newsletter, the evolving landscape for regulated financiers under the Leveraged Lending Guidance1 promulgated by the Federal Reserve Board, FDIC and OCC has increased uncertainty for regulated...more

7/3/2015 - Acquisition Finance Banking Sector FDIC Federal Reserve Financial Institutions Financing Lenders Leveraged Lending OCC Private Equity

Recent Developments in Acquisition Finance

Recent legal and regulatory developments have raised issues for those considering a loan-to-own acquisition strategy, and have continued to impact both the structure of highly leveraged financings and the makeup of those...more

2/19/2015 - Commercial Bankruptcy Corporate Financing Credit Bids FDIC Financing Leveraged Lending Leveraged Loans U.S. Treasury

Recent Developments in Acquisition Finance

Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange and provide financing for certain highly leveraged transactions, and also...more

8/25/2014 - Acquisition Finance EBITDA FDIC Federal Reserve Financing Fisker Leveraged Loans Meridian Sunrise OCC

Private Equity Newsletter - Winter 2014: Recent Developments in Acquisition Finance

Several recent legal developments will likely impact acquisition finance. A recent decision of the U.S. Bankruptcy Court for the Southern District of New York examines who is an “Eligible Assignee” entitled to acquire...more

3/11/2014 - Acquisitions Chapter 11 Commercial Bankruptcy Commercial Loans Dish Network Private Equity

Private Equity - Winter/Spring 2013

In This Issue: - ILPA Guidelines Have Noticeable Impact - Extracting Tax Value in Debt Refinancings and Modifications - Private Equity and Venture Capital Investing in China: Exit Strategy and Circular 698 -...more

4/29/2013 - Private Equity Private Equity Funds Venture Capital

Private Equity Newsletter - Fall/Winter 2012: Recent Developments in Acquisition Finance

Certain recent legal developments will likely impact acquisition finance. This article will survey some of the more notable ones. We discussed in the last newsletter the Eleventh Circuit Court of Appeals’ decision in...more

12/20/2012 - Acquisition Finance Corporate Veil Fraudulent Transfers Insolvency IPO Private Equity Subsidiaries

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