News & Analysis as of May 22, 2025

Credit Agreements

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Latest Uptier Decisions in Serta and Mitel Remind Contract Language Matters

Morrison & Foerster LLP on 1/8/2025

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

A Tale of 2 Rulings: Serta, Mitel Cases Remind Why Contract Language Matters in Debt Documents

Holland & Knight LLP on 1/7/2025

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has unanimously held that the debt exchange undertaken by Serta Simmons Bedding did not qualify as an "open market purchase" under the terms of Serta's...more

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Chapter 11 › Contract Terms › Credit Agreements

Latest Uptier Decisions in Serta and Mitel Remind Contract Language Matters

A Tale of 2 Rulings: Serta, Mitel Cases Remind Why Contract Language Matters in Debt Documents

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