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Bankruptcy Code Contract Terms Liability

Jones Day

Uptiers in 2025: Impact of the Serta and Mitel Decisions on Liability Management Exercises

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Late last year, the U.S. Court of Appeals for the Fifth Circuit and the Appellate Division of the Supreme Court of the State of New York issued important rulings regarding the validity of uptier “liability management...more

Morrison & Foerster LLP

Latest Uptier Decisions in Serta and Mitel Remind Contract Language Matters

The caselaw on “uptiers” as liability management exercises (LMEs) grew by two opinions on the last day of 2024. In Serta, the Fifth Circuit reversed the bankruptcy court’s blessing of the pre-bankruptcy uptier and...more

Nelson Mullins Riley & Scarborough LLP

Reviewing Late Payments for an Ordinary Course Defense

You have a contract with Company Slow Pay/No Pay.  You provide Company Slow Pay/No Pay with goods, and Company Slow Pay/No Pay pays you for those goods.  Over the past year, you notice that Company Slow Pay/No Pay has become...more

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