News & Analysis as of

Covenant Lite Deals

White & Case LLP

Documentary developments in tighter times

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Risks posed by rising inflation, concerns about a global recession and the lingering impact of the war in Ukraine are seeing lenders and investors start to chip away at the loose, borrower-friendly terms that have...more

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Distressed companies open the liability toolbox to avoid full-blown bankruptcies

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Management teams and private equity (PE) sponsors have successfully deployed a range of liability management tools to steer companies through the COVID-19 downturn and avoid both bankruptcies and full-blown restructurings. ...more

White & Case LLP

Are rising default rates cause for concern?

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Leveraged finance defaults are rising as the impact of COVID-19 is felt, but covenant-lite terms, government intervention and support from financial sponsors have mitigated fallout from the pandemic. Leveraged finance...more

Orrick, Herrington & Sutcliffe LLP

COVID-19 – Financing Related Considerations

We are sadly amid one of the most extraordinary times any of us can remember. The prevailing hope and expectation is that the current extraordinary times and related disruption is temporary. The rise in “cov-lite” and...more

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European leveraged finance: A bifurcated balancing act: Restructuring: When is the right time?

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HEADLINES - Default levels remain historically low at 1 per cent to 2 per cent - Prevalence of cov-lite loans in Europe may be concealing some underperformance, but there are no conventional triggers for lenders to...more

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European leveraged finance: A bifurcated balancing act: Data dive: European leveraged finance 2020

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- The covenant-lite share of European institutional loan issuance in 2019 reached 92 per cent - European leveraged loan issuance in 2019 was down slightly on the previous year to €209.1 billion - High yield bond...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Skadden, Arps, Slate, Meagher & Flom LLP

Restructuring Market Trends

The number of corporate Chapter 11 filings in the United States remained relatively low in 2019. An estimated 6,000 business bankruptcies were filed (based on the data available at the time of writing), which, if it holds up...more

White & Case LLP

A Closer Look at Asset Sales in Leveraged Finance: reinvest, repay, repeat

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European Leveraged Finance Client Alert Series: Issue 8 - The traditional approach to the treatment of disposal proceeds in leveraged loan agreements has evolved in recent years, as borrowers seek to retain greater...more

Troutman Pepper

SEC's Leveraged Loan Market Outlook

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On September 19, the Securities and Exchange Commission’s Investor Advisory Committee held a hearing to discuss the risks of increased leverage in the loan market and the potential impact leveraged loans and collateralized...more

White & Case LLP

Restructuring the next wave of cov-lite debt

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Cov-lite loans can leave lenders with limited restructuring options, but creative lenders will still find ways to bring debtors to the table - Recent data shows that investor protection in loan documents has fallen to its...more

White & Case LLP

Anglo-American relations: A special relationship with subtle differences

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Much has been written about the influence of US terms on European transactions and particularly the steady migration of US concepts into English law facilities agreements, resulting from the supply-demand imbalance in the...more

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Ten years on: The surprising resilience of European leveraged finance: Market outlook for the year ahead

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As the leveraged debt market has matured at pace in the past decade, many are hopeful that it will maintain an upward trajectory, at least in the medium term. As noted in the report, times have changed, and 2018 has seen a...more

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Ten years on: The surprising resilience of European leveraged finance: LBOs and CLOs boost the market

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Loans backing LBOs have driven the market in Europe this year, with volumes reaching €56.5 billion, up 37 per cent from €41.3 billion in 2017. By the middle of 2018, total loans in the US breached US$100 billion, up a third...more

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Ten years on: The surprising resilience of European leveraged finance: The post-crisis rise of leveraged finance

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A decade on from the onset of the financial crisis, the leveraged debt landscape is almost unrecognisable and continues to evolve as lenders, borrowers and advisers find new ways to come to market. In the aftermath of the...more

Latham & Watkins LLP

The Growth of European Covenant Lite

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In 2016, global sponsors and their advisers were successful in continuing to export their experiences from financing transactions in the US leveraged loan and global bond markets to the European leveraged loan market and this...more

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