News & Analysis as of

Securities and Exchange Commission (SEC) Credit Agreements

Ballard Spahr LLP

Second Circuit Affirms Syndicated Loans Are Not Securities

Ballard Spahr LLP on

Summary - The United States Court of Appeals for the Second Circuit upheld on August 24, 2023, a decision from the District Court to dismiss a securities fraud case brought by a Chapter 11 bankruptcy trustee, on the...more

Cadwalader, Wickersham & Taft LLP

What You Should Know Up Front July 2023 - Kirschner Case Update: The SEC Declines to Weigh In

We have been following the litigation over the question of whether certain syndicated loans are securities. Kirschner v. JPMorgan Chase Bank, N.A., which has been before New York federal courts for years, is now before the...more

Foley & Lardner LLP

ESG Metrics in Credit Agreements

Foley & Lardner LLP on

The genesis of the term ESG, which combines environmental, social, and governance metrics into a popular acronym, is frequently linked to a report published in 2004 titled “Who Cares Wins." The report, endorsed by a group of...more

King & Spalding

What Happened To My Interest Rate? Planning Now To Avoid Value Transfer And Other Risks Upon The Demise Of U.S. Libor

King & Spalding on

As the title suggests, U.S. LIBOR (LIBOR) is going away, with official announcements expected as soon as year-end 2020 of LIBOR’s December 31, 2021 demise. The end of LIBOR will be replete with a plethora of risks for banks,...more

Proskauer Rose LLP

The Impact of COVID-19 on Adjusted EBITDA

Proskauer Rose LLP on

As COVID-19 sends shockwaves through the global economy, many experts are predicting one of the deepest recessions in U.S. history. The hospitality, employment services, transportation, travel, leisure, mining, and oil...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Relief Permits BDCs To Incur Additional Leverage and Co-Invest With Affiliated Private Funds

The U.S. Securities and Exchange Commission (SEC) has issued an order intended to facilitate the ability of business development companies (BDCs) to borrow under their existing credit agreements and issue new debt and...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

U.S. Financial Industry Developments - FINRA Requests Comment on Financial Technology Innovation in the Broker-Dealer Industry - On July 30, 2018, the Financial Industry Regulatory Authority ("FINRA") published a...more

Jones Day

Cross-Border Bankruptcy Update: COMI Migration and Illegitimate COMI Manipulation Distinguished

Jones Day on

With the significant increase in cross-border bankruptcy and insolvency filings in the 43 nations or territories that have adopted the UNCITRAL Model Law on Cross-Border Insolvency (the "Model Law"), including the U.S., the...more

Stinson - Corporate & Securities Law Blog

Update on Proxy Puts

Strike suits against public companies for “dead hand proxy put” provisions in credit agreements have recently attracted a lot of attention. A “dead hand proxy put” provides for the acceleration of amounts outstanding under a...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide