News & Analysis as of

Lenders Distressed Debt

Strafford

[Webinar] Distressed Financing: Avoiding Pitfalls in Planning and Execution - Agency Resignation and Transfer, Rebalancing of...

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This CLE course will examine some of the more common pitfalls in loan restructurings that are frequently unidentified or ignored until they appear at or after closing. The panel discussion will include agency resignations,...more

Ballard Spahr LLP

Developing Opportunistic Real Estate Lending Market Poised to Thrive

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A unique set of conditions appear to be setting up a market that is primed for opportunistic real estate lending and investing opportunities with private credit positioned to thrive. Higher interest rates, increased operating...more

Katten Muchin Rosenman LLP

Intercreditor Distressed Disposal Provisions: Pragmatic Decision Provides Certainty for Stakeholders

Investors in LMA-based intercreditor agreements (ICA) should be reassured by the commercial approach recently taken by the High Court in construing the "Distressed Disposal" provisions (DD Provisions)....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

Goodwin

Debt Download - February 2023

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Welcome to Goodwin's Debt Download, our monthly newsletter covering what you need to know in the leveraged finance market. We hope you’re staying warm during the winter doldrums....more

Pillsbury - Gravel2Gavel Construction & Real...

Acquisition of Distressed Loans: Bankruptcy Considerations and the 363 Sale

There are no shortage of bankruptcy considerations that must be understood by an incoming lender who acquires a distressed commercial real estate loan and whose borrower shortly thereafter files for bankruptcy protection. For...more

Moore & Van Allen PLLC

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

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Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic...more

Dechert LLP

Did the Distressed Debt Opportunity Slink by Me When I Wasn’t Looking?

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I have spoken to a number of people over the past months who have raised money or built technology to take advantage of a broadly anticipated distressed opportunity which was certainly to be occasioned by the pandemic.  Did I...more

Husch Blackwell LLP

Advancing Agriculture - Identifying and Addressing Distressed Debts

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Welcome to Episode 1 of Husch Blackwell's Advancing Agriculture with your hosts, Stephanie E. Kaiser and Elizabeth Benefield, where they discuss practical tips and advice on various topics related to ag lending. When dealing...more

Lowenstein Sandler LLP

Now Is The Time For Investors To Go Shopping

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There is great fear and uncertainty in the market. Retailers and restaurateurs have been reeling from the inability to serve customers. Curbside pickup and home delivery do not compensate. Oil and gas bankruptcies also are...more

Greenberg Glusker LLP

Lessons for Health, Beauty & Wellness Companies [Part 3]: When to Consider Acquiring a Distressed Company

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In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part three...more

White & Case LLP

Cracks show in retail as debt burden begins to bite

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Retailers faced a difficult financing market before COVID-19 appeared, but lockdowns have made the situation even tougher. High yield and leveraged loan values for retailers in North America and Western and Southern Europe...more

Dechert LLP

COVID-19 Coronavirus Business Impact: CLO Indenture Update

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Mark Twain is often misquoted as saying "History never repeats itself, but it often rhymes." Whoever said them, these words certainly come to mind in the current economic crisis brought about by the COVID-19 pandemic....more

Seyfarth Shaw LLP

COVID-19’s Potential Effect on Lender Liability

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COVID-19 has not only created red tape for us—sheltering-in-place, staying six feet away from others, wearing masks in public—but it also has created new red tape for lenders. Each day new federal and state legislation, as...more

Vinson & Elkins LLP

[Webinar] Distressed Debt and Looming Maturities: Liability Management and Restructuring Strategies in the Time of COVID-19 -...

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In this presentation, a cross-disciplinary panel of lawyers from our debt capital markets, restructuring, and tax practices will discuss methods for reducing debt balances, addressing impending debt maturities, and improving...more

Alston & Bird

Secondary Loan Trading Considerations in Unsettling Times

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Prepare for leverage loan default rates to balloon to heights not seen in more than a decade. Our Distressed Debt & Claims Team discusses the importance of using distressed documentation for stressed/distressed loans....more

Orrick, Herrington & Sutcliffe LLP

Distress in Commercial Real Estate - Considerations for the CRE Warehouse Market

There has been increasing use in Europe by non-bank lenders of warehouse finance in the commercial real estate (CRE) lending market. These private financing structures are used by non-bank CRE lenders such as real estate debt...more

White and Williams LLP

Preparing for a "Looming" Recession: Practical Tips for Lenders

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The word "looming" seems to have become very popular during the past several years within the context of describing potential commercial credit maturities and defaults and, more recently, a potential recession. "Looming" may...more

Hogan Lovells

When direct lending turns distressed

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The recent Debtwire European Mid-Market Forum opened with a presentation from Paul Johnson of the Institute of Fiscal Studies. He warned the delegates of storm clouds gathering over the economy, suggesting that we may begin...more

Dechert LLP

Beany & CECL

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Beany & Cecil was a cartoon. The Current Expected Credit Loss accounting rules, better known as CECL, which the FASB is insisting will go into effect at the beginning of next year for publicly traded banks and lenders and a...more

Burr & Forman

Healthcare Loans: Five Tips for a Potentially Successful Workout

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By now, most people that follow financial news are aware that the amount of troubled healthcare related companies are on the rise, which by its very nature, causes more distressed healthcare related debt in the market....more

Kramer Levin Naftalis & Frankel LLP

Supreme Court To Hear Dispute Over Debt Recharacterization

One critical issue affecting complex restructuring cases are efforts by the estate or creditors to recharacterize debt into equity. This can happen in a variety of factual contexts, including where an existing equity...more

Mintz - Bankruptcy & Restructuring Viewpoints

SCOTUS to Settle Circuit Split on Rule Applicable to Recharacterization of Debt to Equity Disputes

The Supreme Court has granted certiorari to decide the question of whether bankruptcy courts should apply state law or a federal rule of decision when determining whether to recharacterize a debt claim as a capital...more

Latham & Watkins LLP

‘Fit for 50’ – Restructurings Likely as Oil Industry Enters New Normal

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Prior to the recent collapse in oil values, prices existed at over $100 a barrel for over three years. It made the economics of oil exploration, production and sale comparatively straightforward, but embedded costs into the...more

Latham & Watkins LLP

New Opportunities in Cross-Border Special Situations Lending

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Recent changes in cross-border leveraged loan documentation requirements open up new possibilities for both borrowers and lenders. Cross-border leveraged loan documentation has become increasingly permissive with respect...more

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