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McDermott Will & Emery

English High Court Enforces Asymmetric Jurisdiction Clause in a Syndicated Loan Facility Agreement

McDermott Will & Emery on

On 24 May 2024, the English High Court granted final injunctive relief to Barclays Bank Plc (Barclays), both in the form of an anti-suit injunction and an anti-enforcement injunction, arising out of a syndicated loan...more

Alston & Bird

Disqualified Lender Provisions: Broader Borrower/Sponsor Powers Pose Problems for Secondary Loan Market Participants

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Our Distressed Debt & Claims Trading Team discusses trading issues related to DQ provisions in broadly syndicated credit facilities and trends providing borrower/sponsor friendly terms creating potential pitfalls for...more

Proskauer Rose LLP

Private Credit Deep Dives - Change of Control

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After the unprecedented boom of the immediate post‑COVID era, European M&A activity has slumped in recent months. Indeed, recent market intelligence from Dealogic showed that Q1 of 2023 in EMEA saw a 68% decline in M&A volume...more

Dechert LLP

So, You Exercised Your Proxy Rights Pre-Petition, Are You Good?

Dechert LLP on

Yes, says the Delaware Bankruptcy Court in the case of CII Parent, Inc., cementing the advice routinely given by bankruptcy counsel to borrowers in default. We always counsel borrower clients in default of the risk associated...more

McDermott Will & Emery

Loan Transfers: 102

McDermott Will & Emery on

Despite many similarities, high-yield bonds remain liquid instruments that are freely transferable in accordance with US securities law, whilst leveraged loans are becoming increasingly difficult to trade, particularly during...more

Williams Mullen

Why Senior Health Care Asset Owners and Investors Should Reexamine Their Loan Agreements

Williams Mullen on

Although it seems like we have been enduring COVID-19-related issues for a while, the crisis has been with us for only a few months. Given that length of time, it is reasonable to assume that most loan agreements executed by...more

Cooley LLP

Alert: Launch of the Future Fund

Cooley LLP on

The UK government's Future Fund scheme, aimed at UK startups in response to the impact of COVID-19, officially launched on 18 May 2020. The UK government, partnering with the British Business Bank, will deliver an initial...more

A&O Shearman

Grant of Security May Be Avoided as a Transaction at an Undervalue?

A&O Shearman on

The recent case of Encus International Pte Ltd v Tenacious Investment Pte Ltd & Ors [2016] SGHC 50 (Singapore, High Court, 31 March 2016) has implications for lenders which are especially pertinent in the face of the current...more

Bilzin Sumberg

Are Distressed Loan Fund Investors “Financial Institutions” And Why Does It Matter?

Bilzin Sumberg on

Once again, those of us in the commercial finance world are reminded of the age-old adage caveat emptor. This time the warning is directed at hedge funds and other investors with a penchant for purchasing distressed debt from...more

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