News & Analysis as of

Debt Financing Lenders

DarrowEverett LLP

Venture Debt: Down Round Protection Without Triggering Downside Provisions

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There is increasing chatter in the startup and investor space surrounding venture debt. It is not at all surprising that as the availability of ready capital has contracted considerably over the past two years, debt and...more

Strafford

[Webinar] Financing-Related Provisions in Acquisition Agreements - March 13th, 1:00 pm - 2:30 pm EDT

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This CLE course will provide an overview of critical financing-related provisions in acquisition agreements from multiple perspectives and provide a conceptual understanding of how the provisions in question interplay with...more

Allen Matkins

Judge Rules That "Repaying Matured Debt Is Not A Breach" - So Why Is This Case Interesting?

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Typically, one would expect a lender to argue that a borrower was in breach for failing to repay a note on or after its maturity date.  However, a friend recently alerted me to a case in which the lender argued that the...more

DarrowEverett LLP

Mezzanine, Bridge Financing Becoming Key Tools in Uncertain Economy

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During periods of economic uncertainty and rising interest rates, alternative financing options such as mezzanine and bridge lending have emerged as attractive solutions for businesses. These specialized forms of financing...more

A&O Shearman

Boardriders Minority Lenders Notch Initial Victory Challenging Uptier Transactions

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On October 17, 2022, Justice Andrea Masley of the NY Supreme Court issued a decision and order denying all but one of the motion to dismiss claims filed by Boardriders, Oaktree Capital (an equity holder, term lender, and...more

Foley Hoag LLP

10 Things To Know About Venture Debt

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In recent months, early stage company deal reports have suggested an uptick in venture debt financing for companies unable or unwilling to access the equity markets. Rather than pursue what may be a down-round equity...more

McDermott Will & Emery

Key Takeaways | Lender Outlook on the Debt Financing of Renewables and Transactions

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During the latest webinar in our Energy Transition series, McDermott Partners Robert da Silva Ashley and John Bridge hosted Paul Pace, SVP and team leader at KeyBank, and Andrew Chen, managing director at CIT, to discuss the...more

McDermott Will & Emery

[Webinar] The Future of Energy Transition: Lender Outlook on the Debt Financing of Renewables and Transactions - November 3rd,...

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On November 3, McDermott partners Robert da Silva Ashley and John Bridge will host Paul Pace, SVP and Team Leader at KeyBank, to discuss the current outlook of leading lenders in the US renewables and transactions space. More...more

Pillsbury Winthrop Shaw Pittman LLP

Snow Phipps: No MAE or Ordinary Course Breach Related to COVID-19

Delaware Chancery Court awards specific performance after finding that buyer failed to demonstrate a material adverse effect or ordinary course breach by target and that buyer failed to use reasonable best efforts to obtain...more

Goodwin

Treasury Rolls Out Emergency Capital Investment Program

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In this Issue. The U.S. Department of the Treasury announced that it was opening the application process for the Emergency Capital Investment Program, a new program designed to provide long-term, low-cost equity and...more

Bricker Graydon LLP

[Webinar] Wednesday Webinar: Cash Flow Borrowing (Pre-K to 12) - October 14th, 12:00 pm - 1:00 pm EST

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Bricker attorneys Becky Princehorn and Paul Rutter will cover the various considerations inherent in pursuing either an internal or external cash flow borrowing, including the possibility of participation in the Treasurer of...more

Opportune LLP

Key Themes Gleaned From Recent Oil & Gas Bankruptcy Exit Financings, Lender Requirements

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As upstream oil and gas companies emerge from Chapter 11 bankruptcies, they’ll need to be mindful of exit credit facility terms and requirements that may reflect a shift from their prior experience and will likely affect...more

King & Spalding

Uncertainty in the Airline Industry: An Overview of Slots, Gates and Routes Pledged as Collateral in the Wake of COVID-19

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In recent years, several major US airlines have entered into loan facilities secured solely by certain of its slots, gates and routes (“SGR”). This alert provides (i) a brief overview of SGR, (ii) how SGR collateral may be...more

Hogan Lovells

Breaking News: Italian Legislation on COVID19 - A Game Changer for Private Debt Funds?

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Among the legislative measures approved by the Italian Government to support the financial indebtedness of corporates in the face of COVID19, ... the State guarantee made available through SACE S.p.A. ("SACE") is mainly...more

Bricker Graydon LLP

[Webinar] Managing Financial Issues Created by COVID-19 – Cash Flow Borrowing and Other Tools - May 20th, 12:00 pm - 1:00 pm EST

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With state budget cuts and looming property and income tax collection concerns, school districts need to check their financial tool box and be prepared to evaluate options quickly. Join several Bricker attorneys for a...more

Sheppard Mullin Richter & Hampton LLP

Increase in Regulatory Expense for Debtor-In-Possession Revolving Credit Facilities

The United States Court of Appeals for the Seventh Circuit held that payments made by a debtor’s customers to its lender converting a pre-petition loan to a post-petition loan constituted disbursements for the purposes of...more

Benesch

Landmarks Newsletter - Summer 2019

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It wouldn’t be the summer edition of Landmarks without our annual recap of the retail real estate industry’s largest event, ICSC RECon, which takes place every May in Las Vegas. Each year, RECon serves as a barometer for...more

White & Case LLP

German real estate corporates enter the leveraged debt and high yield bond scene

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European Leveraged Finance Client Alert Series: Issue 6 July, 2019 - Sub-investment grade rated property companies in the German market are increasingly supplementing conventional real-estate senior secured bank financing...more

Bennett Jones LLP

Equity Kickers and the Criminal Rate of Interest: Part II

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Private equity and alternate lenders often take a basket of rights when investing in an entity. The basket may include equity, options, warrants and/or debt. In the case of debt financing, lenders often negotiate equity...more

Sheppard Mullin Richter & Hampton LLP

Loan Syndication and EU Competition Law

The intricate syndicated loan market has recently triggered attention from competition authorities internationally. Recently, the Spanish competition authority fined €91 million a syndicate of four Spanish banks. The...more

Patterson Belknap Webb & Tyler LLP

Sears: Another Retail Giant Turning to Bankruptcy Court for Help

Started as a mail-order retailer, evolved to brick-and-mortar stores in urban areas and expanded to a big-box retailer through merger, Sears is now facing the most turbulent time in its history. On October 15, 2018, Sears...more

Dechert LLP

Global Private Equity Newsletter - Fall 2017 Edition: Recent Developments in Acquisition Finance

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A delicate balance has evolved over time in leveraged acquisitions with respect to the nature of the contractual relationship between a target and its owners, on the one hand, and the debt financing sources of the buyer, on...more

Akin Gump Strauss Hauer & Feld LLP

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

Mintz

For closely held companies: Is there, or will there soon be, a significant lender in your life?

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Ten considerations for closely held companies incurring debt in connection with minority investments by private equity sponsors, growth financing, or dividend recapitalizations....more

Morrison & Foerster LLP

Developments in Unitranche Financing (2016)

The increasing use of unitranche financing, both domestically and abroad, has created new opportunities for middle market loan participants. However, lenders must understand the legal issues and potential bankruptcy risks...more

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