Retaining key management at a distressed company in the midst of an out-of-court restructuring can be necessary for the success of the restructuring. To realign incentives, private credit lenders need to consider reloading...more
In our prior alert over the summer, we highlighted the Delaware Supreme Court’s decision in Stream TV Networks, Inc. v. SeeCubic, Inc., 279 A.3d 323, 329 (Del. 2022) (“Stream TV”), which held an insolvent corporation could...more
Restructurings defy a one-size fits all approach because every deal is unique and different tools are required to solve different problems. At one end of the restructuring continuum is the so-called “amend and extend,” where...more
“Lenders that can write bigger checks will have a competitive advantage for the remainder of the year. Many sponsors have accepted the fact that pricing and terms have tightened and now their main concern is ensuring they can...more
Many closely-held asset management firms are considering selling their business or bringing in outside investors. Taking this next step in the life cycle of a firm can bring needed liquidity to the founders, provide capital...more
This yearly report provides a summary of some of the significant changes and developments that occurred in the past year in the hedge fund and private equity spaces, as well as certain recommended practices that investment...more
PIPEs (private investments in public equity) provide investors and public companies with a flexible vehicle for bespoke capital solutions that can be executed quickly in the volatile markets that have arisen in the COVID-19...more
8/18/2020
/ Common Stock ,
Corporate Governance ,
Corporate Issuers ,
Investors ,
Nasdaq ,
NYSE ,
Preferred Stock Financing ,
Private Equity ,
Private Investment in Public Equity (PIPEs) ,
Publicly-Traded Companies ,
Securities Transactions ,
Term Sheets
For many sponsor-backed and other highly leveraged private companies, the business impact of COVID-19 is just beginning to apply pressure to financial covenant compliance. As borrowers and private credit (or other) lenders...more
7/15/2020
/ Balance Sheets ,
Borrowers ,
Capital Markets ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Debt Restructuring ,
Investors ,
Lenders ,
Preferred Stock Financing ,
Private Equity ,
Third Party Funding
Increasingly, buyout sponsors are turning to third party preferred equity as a financing tool for their transactions. Structured to be treated as equity for debt rating agencies, bank regulatory regimes and in-place debt...more