News & Analysis as of May 28, 2025

Lenders

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Chapter 11 Filing Without Consent of Independent Director Dismissed as Unauthorized

Jones Day on 5/23/2025

Courts disagree over whether provisions in a borrower's organizational documents or loan agreements designed to restrict or prevent the borrower from filing for bankruptcy are enforceable as a matter of federal public policy...more

Enforceability of Golden Directors with Bankruptcy Consent Right

Proskauer Rose LLP on 2/28/2025

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

Avoiding Board Observer Liability Under Section 11 of the Securities Act of 1933

Kramer Levin Naftalis & Frankel LLP on 9/12/2019

Lenders and other constituencies will under certain circumstances request and be granted “board observer” rights pursuant to a loan agreement or other contract. The potential legal liability of board observers under various...more

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Board of Directors › Contract Terms › Lenders

Chapter 11 Filing Without Consent of Independent Director Dismissed as Unauthorized

Enforceability of Golden Directors with Bankruptcy Consent Right

Avoiding Board Observer Liability Under Section 11 of the Securities Act of 1933

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