On August 24, 2023, the
Second Circuit issued its opinion affirming the district court’s conclusion that the term loans at the center of the dispute could not be considered securities under the four-part
Reves test applied by the district court.
This outcome avoids what would have otherwise been a huge upheaval of long-settled practice in the syndicated term loan market and would have severely impacted any project borrower or lender issuing or holding a term loan in a syndicated facility.
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