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Enforceability of Golden Directors with Bankruptcy Consent Right

The appointment of an independent director is a powerful tool for private credit lenders. The appointment is designed to introduce a voice of neutrality and fairness into the board’s decision-making process with the hope and...more

Trends in Private Credit Restructuring: Out of Court “Change of Control” Transactions

Restructurings defy a one-size fits all approach because every deal is unique and different tools are required to solve different problems. At one end of the restructuring continuum is the so-called “amend and extend,” where...more

Structured Preferred Equity – A Versatile Tool in the Debt Restructuring Toolbox

For many sponsor-backed and other highly leveraged private companies, the business impact of COVID-19 is just beginning to apply pressure to financial covenant compliance. As borrowers and private credit (or other) lenders...more

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