News & Analysis as of

Leveraged Loans

European distressed debt and private equity - defensive strategies coming to the fore?

by DLA Piper on

Where a corporate borrower defaults on its debt terms, distressed debt investors are often presented with opportunities to acquire the debt at a discount. The strategy of investing in distressed debt presents investors with a...more

GAO to opine on whether CFPB indirect auto finance guidance is a rule subject to disapproval under the Congressional Review Act

by Ballard Spahr LLP on

American Banker has reported that the Government Accountability Office has accepted a request from Senator Pat Toomey on whether the CFPB’s indirect auto finance guidance issued in March 2013 is a “rule” under the...more

GAO Agrees to Decide the Legality of the Leveraged Lending Guidance; Indicates Decision Will Take “at Least a Few Months”

On May 23, the Government Accountability Office (GAO), in a letter to Senator Patrick Toomey, R-Pa., agreed to determine whether the Guidance on Leveraged Lending jointly issued in 2013 by the Board of the Governors of the...more

ECB Publishes Final Guidance on Leveraged Transactions— What This Means for Banks

by Shearman & Sterling LLP on

After a period of public consultation, the European Central Bank (the “ECB”) published its final Guidance on Leveraged Transactions (the “Guidance”) on 16 May 2017. Twenty-four organisations (comprising credit institutions...more

The Growth of European Covenant Lite

by Latham & Watkins LLP on

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...more

Legality of the Leveraged Lending Guidance is Questioned

On March 31, Senator Patrick Toomey (R-Pa.) sent a letter to the Government Accountability Office (GAO) requesting that the GAO determine whether the Guidance on Leveraged Lending jointly issued in 2013 by the Board of...more

The future of European leveraged debt: While fears of another downturn loom, the European financial markets have innovated,...

by White & Case LLP on

Leveraged debt markets in Europe have shown resilience this year. However, with so many factors up in the air in 2017—from politics to interest rates, regulations and investor sentiment—the question remains whether this will...more

The leveraged debt boom post-Brexit - Covenant lite deals becoming the new normal in Europe

by White & Case LLP on

HEADLINES: ? Cov-lite deals becoming the new normal in Europe ? Payment-in kind notes' return signifies the return of a hot market and low margins ? US company high yield bond and leveraged loan issuance in Europe...more

European leveraged debt - 2016 in review: Refinancing rules debt as issuers look to take advantage of circumstances

by White & Case LLP on

HEADLINES: ? Issuance improves in Europe after Q1 slump ? US issuance also sees post-Brexit bounce, but still down year-on-year ? Refinancing rules debt as issuers look to take advantage of circumstances ? Slow...more

Global Private Equity Newsletter - Winter 2017 Edition: Use by Private Equity Funds of Subscription Credit Facilities as a Form of...

by Dechert LLP on

Subscription credit facilities, or subscription lines, are typically revolving credit facilities secured on the capital commitments of investors. Interest rates on subscription lines are often similar to those for first lien...more

Commercial Division Trial to Address Collateral Call and Dispute Resolution Provisions of ISDA Agreements

In a case with potentially broad implications for participants in the leveraged loan and derivatives markets, Justice Eileen Bransten will conduct a bench trial starting next week in the long-running dispute between a...more

Incremental Facilities – The LMA Approach

by White & Case LLP on

Incremental Facilities - Once the preserve of large cap deals and top tier sponsors, incremental facilities (which can otherwise be known as accordion or additional facilities) have become a permanent feature of the...more

Draft ECB Guidance on Leveraged Transactions

by White & Case LLP on

Regulatory update: Draft ECB Guidance on Leveraged Transactions – US Comparison - The European Central Bank ("ECB") is consulting on guidance relating to leveraged transactions ("Proposed Guidance"). The ECB regards the...more

U.S.-Style Leveraged Lending Guidance Comes to Europe

by Latham & Watkins LLP on

On 23 November 2016, the European Central Bank (ECB) published its draft guidance to banks on leveraged lending, launching a public consultation period that runs until 27 January 2017. The draft guidance is very similar to...more

ECB Publishes Draft US-Style Guidance On Leveraged Transactions

by Ropes & Gray LLP on

On 23 November 2016, the European Central Bank (“ECB”) published for consultation draft guidelines on leveraged transactions (“Draft Guidance”), similar to the US Guidance on Leveraged Lending issued by the US federal bank...more

The European Central Bank Publishes Draft Guidance on Leveraged Transactions

ECB Consultation Paper - On 23 November 2016, the European Central Bank (the “ECB”) launched a public consultation in relation to draft guidance for Eurozone banks intended to develop clear and consistent definitions,...more

Your daily dose of financial news - The Brief – 7.8.16

by Robins Kaplan LLP on

June’s job report  is out today.  The Journal gave us a jump start with 5 Things to Watch [and some thoughts on why May’s rough numbers may not be an outlier]  – WSJ And how the Brexit has made the report way more important –...more

Your daily dose of financial news - The Brief – 6.21.16

by Robins Kaplan LLP on

We reported last week on the additional $2 billion that Uber took in through the leveraged loan market. Andrew Ross Sorkin gives us an interesting reason for why Uber’s still got its hat in hand ($15 billion cash in hand and...more

Ban on 'big four' auditors clauses comes into effect

by White & Case LLP on

As of 17 June 2016, any term in a contract which has the effect of restricting any audited person's choice of statutory auditor to certain categories or lists of statutory auditors will have no effect. This change, as...more

Your daily dose of financial news - The Brief – 6.15.16

by Robins Kaplan LLP on

A nasty May jobs report and fears about China’s markets have probably done in any plans the Fed had to raise rates in June [though maybe it shouldn’t wait much longer]. Here are the 5 things we should be watching when the...more

Federal Reserve Bank of New York Report Assesses Impact of Supervisory Guidance on Leveraged Lending

by Shearman & Sterling LLP on

The Federal Reserve Bank of New York published a post on its Liberty Street Economics blog assessing the impact of interagency guidance intended to curtail leveraged lending issued by the Office of the Comptroller of the...more

The Continued Migration of US Covenant-Lite Structures into the European Leveraged Loan Market

by Latham & Watkins LLP on

At the start of 2016, global sponsors and their advisers are the US leveraged loan and global bond markets to the European leveraged loan market. Healthy investor appetite over the last several years means attractive terms...more

Leveraged finance: arrangers focus on flex as market volatility shows no sign of abating

by Dentons on

With the primary leveraged loan markets plagued by volatility in the US and China, trouble in the oil and gas sector, and uncertainty caused by a potential Brexit, arrangers' focus has been firmly on the market flex...more

Yankee Loans – "Lost in Translation" – a Look Back at Market Trends in 2015

by White & Case LLP on

This chapter takes a look at market trends for Yankee Loan issuance in 2015. "Yankee Loans" are US dollar denominated term loans that are syndicated in the US Term Loan B market to institutional investors and provided to...more

The Liquidity Crunch Spurs Creative PE Deal Financing in the US

by Latham & Watkins LLP on

Since the 2008 financial crisis, the US Federal Reserve and other central banks in Europe have pumped trillions of dollars into the financial markets. Notwithstanding the amounts injected, a liquidity crunch in 2016 is...more

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