US Loan Market Adapts to European Bail-In Directive

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LSTA publishes model provisions for use in US law-governed credit agreements to assist in adopting new EU bail-in rules.

European Economic Area (EEA) financial institutions are now subject to a new set of regulatory requirements designed to avoid taxpayers bailing out banks in the event of another banking crisis — a central component of which is that EU member state bank regulators have been provided with broad new “bail-in” powers to write down (including to zero), convert to equity or otherwise modify unsecured liabilities of failing financial institutions.

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