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Breach of Contract › Credit Agreements

Goodwin

Breach of Contract and Implied Covenant of Good Faith Claims Survive Motion to Dismiss in Boardriders Uptier Exchange Dispute

Goodwin on

​​​​​​​Lenders seeking to challenge controversial, often punitive, liability management transactions scored a recent win in Boardriders. The transaction at issue, a priming uptier exchange transaction favoring certain...more

McGlinchey Stafford

Florida Real Property And Business Litigation Report, Volume 14, Issue 2

McGlinchey Stafford on

Black Knight Servicing Technologies, LLC v. PennyMac Loan Services, LLC, Case No. 1D20-1492 (Fla. 1st DCA 2021). The filing of a separate lawsuit raising separate claims against a separate entity does not establish an...more

Akin Gump Strauss Hauer & Feld LLP

Tapping Your Credit Line: Is it Reasonable?

Akin Gump Strauss Hauer & Feld LLP on

The recently announced dispute between BorgWarner Inc. and Delphi Technologies PLC relating to BorgWarner’s planned acquisition of Delphi may turn into one of the first cases of a contested mergers and acquisitions (M&A)...more

A&O Shearman

The COVID-19 Crisis and Force Majeure in Credit Agreements

A&O Shearman on

With respect to lender performance obligations (including to fund advances) under a New York law governed credit agreement, the COVID-19 crisis raises a question as to whether lenders may invoke force majeure (or similar...more

Morris James LLP

Court Of Chancery Interprets Credit Agreement And Declines To Consider Alleged Oral Modification

Morris James LLP on

This decision interpreting a credit agreement’s terms is another reminder that an alleged oral modification to a written contract will not vary the contract’s terms when it has an integration clause and otherwise speaks to...more

Dechert LLP

Global Private Equity Newsletter - Fall 2017 Edition: Recent Developments in Acquisition Finance

Dechert LLP on

A delicate balance has evolved over time in leveraged acquisitions with respect to the nature of the contractual relationship between a target and its owners, on the one hand, and the debt financing sources of the buyer, on...more

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