News & Analysis as of

Leveraged Lending

Spilman Thomas & Battle, PLLC

Debt Collection and Technology – Welcome to the New Normal

There are a variety of ways in which accounts, or debts, are collected. However, aging technology and legacy servicing (collection) infrastructure restricts a lender’s ability to leverage automation and technology. Without...more

Morgan Lewis

Structured Credit Solutions for Private Credit Funds in European CRE Debt Market: Options and Opportunities

Morgan Lewis on

European commercial real estate (CRE) lending markets face a difficult environment, resulting from a higher than usual cost of debt and declining property valuations. In the face of such uncertainties, we examine how private...more

Proskauer Rose LLP

The Role of Private Credit in U.S. Capital Markets

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Executive Summary - Following the 2008 global financial crisis, many banks “de-risked” and, as a result, decreased lending to many small and mid-size companies. In response, the growth of lending by private credit funds...more

Kramer Levin Naftalis & Frankel LLP

How Regulation of Leveraged Lending Will Change Under President Biden

The change in administration that will take place on Jan. 20, 2021, will likely have significant consequences for leveraged lending market participants. The relatively “soft touch” regulatory approach taken by federal...more

Kramer Levin Naftalis & Frankel LLP

GAO Report Finds that Leveraged Lending Has Not Threatened Financial Stability

On Dec. 16, 2020, the U.S. Government Accountability Office (the GAO) issued a report to the Board of Governors of the Federal Reserve System, the Commodity Futures Trading Commission, the Department of the Treasury, the...more

Kramer Levin Naftalis & Frankel LLP

Trump Administration Proposes Rule to Thwart Resurrection of Leveraged Lending Guidance

On Nov. 5, the federal banking regulatory agencies (the Agencies) gave notice of a proposed rule (the Proposed Rule) that would elevate to the status of a formal rule and enhance the Agencies’ current policy of not issuing...more

White & Case LLP

Interagency Statement on Role of Supervisory Guidance to Become a Rule

White & Case LLP on

In response to a call for a rulemaking by two leading bank industry trade associations, the federal banking agencies have issued a proposed rule to codify an earlier interagency statement that their supervisory...more

White & Case LLP

Lenders’ views on documentation diverge under lockdown

White & Case LLP on

The decline in H1 2020 leveraged finance issuance has seen some lenders intensify their focus on pricing and borrower-friendly loan structures, but lender responses to the impact of COVID-19 have diverged across regions....more

White & Case LLP

Key COVID-19 FAQs for financial institutions: A Cross-border view (Updated)

White & Case LLP on

Our global team has prepared the following FAQs to provide financial institutions with a cross-border perspective in navigating the governmental/regulatory response to the COVID-19 pandemic. Financial institutions...more

White & Case LLP

Longer and longer: the ever lengthening loan agreement

White & Case LLP on

Leveraged loan agreements form key aspects of capital structures, balancing lender protection against allowing the borrower to run its business according to its business plan. In recent times, the length of such loan...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Clarifies Meaning of ‘Actual Delivery’ in Margined, Leveraged or Financed Retail Transactions in Virtual Currencies

On March 24, 2020, the Commodity Futures Trading Commission (CFTC or Commission) voted unanimously to adopt an interpretation of the term “actual delivery” with respect to retail virtual currency transactions (2020 Guidance)....more

Lowenstein Sandler LLP

Filing for bankruptcy? Understand your lenders' leverage

No one wants to consider bankruptcy. But as the downturn persists, CFOs will benefit from understanding their lenders' tactical goals. If you haven't thought about how to position your company for bankruptcy protection,...more

White & Case LLP

Quid pro-quo: Conditioning Waiver Requests

White & Case LLP on

Faced with a rapidly evolving business landscape, lenders, borrowers, advisors and other stakeholders in the leveraged finance market are working hard to assess and monitor current and anticipated problems in existing loan...more

Kramer Levin Naftalis & Frankel LLP

Sen. Elizabeth Warren Demands Leveraged Loan Data From FSOC Amid Pandemic

On March 20, Sen. Elizabeth Warren, D-Mass., disclosed to certain news outlets that she had sent a letter, dated March 19, to Steven T. Mnuchin, secretary of the treasury, in his capacity as chair of the Financial Stability...more

White & Case LLP

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

White & Case LLP on

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

White & Case LLP

European leveraged finance: A bifurcated balancing act: Leveraged loan issuance: Lenders look beyond buyouts

White & Case LLP on

HEADLINES - Buyouts and M&A secured a combined €75.4 billion of loan issuance in 2019 - Proceeds used for buyout issuance alone were down by more than 30 per cent to €38.7 billion when compared to the €56.6 billion...more

White & Case LLP

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

White & Case LLP on

- 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

Kramer Levin Naftalis & Frankel LLP

2020 Stress Tests to Emphasize Leveraged Lending Risks

On Feb. 6, the Federal Reserve Board released the hypothetical scenarios for the 2020 stress test exercises, which ensure that large banks have adequate capital and processes to continue lending to households and businesses...more

Kramer Levin Naftalis & Frankel LLP

FDIC Views on Leveraged Lending

The FDIC Fall 2019 edition of Supervisory Insights contained an article entitled “Leveraged Lending: Evolution, Growth and Heightened Risk”. In the article, the FDIC noted that the credit agreement terms have continued to...more

Kramer Levin Naftalis & Frankel LLP

Federal Reserve Board Chairman Powell Finds That Leveraged Lending Presents No Notable Risks to Financial Stability

Federal Reserve Board of Governors Chairman Jerome H. Powell, in remarks made yesterday in Amelia Island, Florida, at the 24th Annual Financial Markets Conference, sponsored by the Federal Reserve Bank of Atlanta, stated that...more

Kramer Levin Naftalis & Frankel LLP

IMF Finds Leveraged Lending an Area of Concern, But Risks Are Mitigated

On April 10, 2019, the International Monetary Fund (IMF) held a press conference to discuss its semiannual Global Financial Stability Report (the GFSR), which assesses key risks facing the global financial system. The GFSR...more

Skadden, Arps, Slate, Meagher & Flom LLP

Loan Market Shows Signs of Rebound Following Volatile End of Year

After the 2018 fourth quarter roller coaster ride, when borrowers were essentially shut out of the leveraged loan market, the start to the new year has been tentative. Despite improved market conditions, leveraged loan volume...more

White & Case LLP

Testing Times: Insights into the Timing of Incurrence Covenant Testing

White & Case LLP on

European Leveraged Finance Alert Series: Issue 3, 2019 - Investors in high yield debt expect protections to be included in documentation in order to prevent bond issuers from taking certain actions that deteriorate credit...more

Kramer Levin Naftalis & Frankel LLP

Federal Reserve Chairman Powell Testifies That Leveraged Lending Does Not Pose a Systemic Risk to Banks

On Feb. 27, 2019, Federal Reserve Chairman Jerome Powell, during testimony before the House Financial Services Committee, was asked by Representative Gregory Meeks (D-NY, 5th District) whether the Federal Reserve “believes...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

To no one’s surprise, the Fed followed through with its months of promises and raised its benchmark interest rate by 25 basis points yesterday. The FOMC also indicated that it’s planning to raise rates again in December....more

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