News & Analysis as of

Borrowers Contract Terms Debt

A&O Shearman

Good faith in secured finance?

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The court implied a good faith term constraining a lender’s discretion to refuse a borrower's request to dispose of assets in a secured financing context. A power to consider requests for disposals - A facility agreement...more

A&O Shearman

Time is an illusion. Lunchtime doubly so*

A&O Shearman on

The court reassures lenders on the effect of a termination notice, the meaning of a continuing Event of Default and the effectiveness of reservation of rights letters: Re Pocket Renting. Appointment of administrator...more

Cadwalader, Wickersham & Taft LLP

Bring On Q4 - September 2021 - Limited Recourse Finance Series, Part 3: Security Package and Considerations

In this Part 3 of the limited recourse financing series, we discuss some common issues and considerations with respect to the security package in a typical limited recourse structure....more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 18th, 9:30 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 16th, 9:30 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 11th, 9:30 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 9th, 9:30 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 4th, 9:30 am - 10:15 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 2nd, 9:30 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - February 25th, 9:30 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - February 23rd, 9:30 am - 10:15 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Rosenberg Martin Greenberg LLP

Navigating Existing "Future Debt Restrictions" After Obtaining PPP Loan

Many businesses that participated in the Paycheck Protection Program (“PPP”) may have inadvertently defaulted on some of their pre-existing credit facilities or outstanding loans. As has become standard within these debt...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lenders Should Use COVID-19 Extensions And Forbearances To Review Loan Documents To Identify and Address Potential Security and...

As lenders are undoubtedly aware, the coronavirus/COVID-19 outbreak has or will cause significant issues with payments from their borrowers as the pandemic sends shockwaves through the economy. Extensions on current,...more

Cohen & Gresser LLP

COVID-19: Will Borrower Defaults Increase?

Cohen & Gresser LLP on

On 11 March 2020, the Bank of England (the “Bank”) warned of “an economic shock that could prove sharp and large” resulting from the coronavirus outbreak that started in Wuhan, China, at the end of 2019. Presenting a package...more

White & Case LLP

Calculating and Implementing Additional Debt Capacity

White & Case LLP on

European Leveraged Finance Alert Series: Issue 2, 2019 - This year European leveraged loan borrowers will test the terms of the additional debt provisions in their loan agreements and there is expected to be significant...more

Patton Sullivan Brodehl LLP

Not All Deed of Trust Attorney Fee Clauses are Created Equal

Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed of trust says something about fee recovery, right? It’s not that simple....more

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