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Alternating Current Yields Alternating Decisions on Bankruptcy Priority Treatment

Courts remain divided as to whether electricity is a good (resulting in an administrative claim for electricity provided in the 20-day period before a bankruptcy case is filed) or service (no administrative...more

New York State Assembly Reintroduces Legislation Imposing Recording Tax on Mezzanine Debt and Certain Preferred Equity Investments

On January 22, 2021, several New York State Assembly Members reintroduced legislation (Bill No. A03139) that seeks to amend New York’s Real Property Law and Tax Law, New York’s Tax Law and New York’s Uniform Commercial Code...more

Distressed Real Estate During COVID-19: Court Finds UCC Foreclosure “Commercially Unreasonable” Because of Coronavirus-Related...

A recent court decision in New York found that current market conditions in the real estate market justify delaying noticing mezzanine real estate foreclosures until October 15, 2020. A recent New York Supreme Court Order...more

Distressed Real Estate During COVID-19: Options Beyond PPP Loans

Commercial real estate owners may find relief under the Main Street Lending Program, but with many unable to qualify, the recently introduced HOPE Act, if enacted, will fill a much-needed gap. Although the possibility may...more

Fed Updates its Guidance for the Main Street Lending Program

The update generally provides further clarifications to existing guidance, but one change regarding the Expanded Loan Facility could enable eligible borrowers to access additional funding that was previously unavailable to...more

Simplifying the Main Street Lending Program

Choosing the Right Facility for Your Business - The flowchart presented here provides a simplified decision tree to assist you in making a selection that is right for your business. It highlights certain differences...more

Main Street Lending Program: Summary for Small and Medium-Sized Businesses

On June 8, the Federal Reserve released updated guidance for the Main Street Lending Program. Pillsbury’s Public Policy and Finance teams provide a synopsis of the often-updated program’s eligibility requirements and loan...more

Main Street Lending Program: Summary for Nonprofits

On June 15, the Federal Reserve proposed to expand the Main Street Lending Program to benefit small and medium-sized nonprofits and released term sheets for public comment. Our chart summarizes the proposed expansion,...more

Fed Expands and Enhances Main Street Lending Program

Larger loans available, and more small and medium-sized businesses may qualify for support with new changes to minimum loan amounts and amortization schedule. Minimum loan amounts reduced and maximum loan amounts increased...more

The Main Street Lending Program: Additional Guidance for Lenders

Banks considering lending under the Main Street Lending Program should take note of additional guidance issued by the Federal Reserve Bank of Boston. Eligible Lenders have the option to condition their funding of a Main...more

The Main Street Lending Program: Additional Guidance for Borrowers

Companies that may want to borrow under the Main Street Lending Program should take note of additional guidance recently issued by the Federal Reserve Bank of Boston. The Federal Reserve Bank of Boston has issued further...more

Mitigating CFIUS Risks for Foreign Lenders and Investors as Defaults and Uncertainty Mount in the COVID-19 World

TAKEAWAYS - A transfer of control of a borrower or its business to non-U.S. lenders who exercise remedies under financing documents could trigger CFIUS issues. CFIUS regulations adopted in February 2020 dramatically...more

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