Lenders risk losing collateral and credit support and other adverse results if provisions in new loan documents restricting merger and sale of assets are not properly drafted following a recent change in Delaware law...more
The increasing use of unitranche financing, both domestically and abroad, has created new opportunities for middle market loan participants. However, lenders must understand the legal issues and potential bankruptcy risks...more
8/13/2016
/ 363 Sales ,
Assignments ,
Bankruptcy Code ,
Buyouts ,
Collateral ,
Commercial Bankruptcy ,
Cross-Border Transactions ,
Debt Financing ,
EU ,
Jurisdiction ,
Lenders ,
Lien Priority ,
Middle Market ,
RadioShack ,
Risk Assessment ,
Subordinated Debt ,
Unitranche Loans ,
Voting Rights
On January 21, 2015, the U.S. Court of Appeals for the Second Circuit issued an opinion regarding a mistaken UCC-3 termination statement that all loan market participants should consider carefully. The Second Circuit held...more