Liability Management: Is Now the Time to Rebalance Your Balance Sheet?



Repurchases for cash ...3

Redemptions ...3

Privately negotiated and open market debt repurchases ...4

Debt tenders ... 8

Non-cash tender offers ... 15

Private exchange offers ... 17

Section 3(a)(9) exchange offers ... 17

Registered exchange offers ... 20

Consent solicitations ... 21

Tax considerations ... 22

Other exchanges ...23

Debt equity swaps ...23

Equity for equity exchanges ... 24

Liability considerations ... 24

Legal challenges ...25

Conclusion ... 26

Appendix A – Other Considerations...A-1

Appendix B - The Role of the Financial Intermediary ... B-1

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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