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Creditors Corporate Financing

Akin Gump Strauss Hauer & Feld LLP

Private Credit Insights: Exploring the Challenges of Side Letters in Financing Transactions

As private credit continues its rise as a key source of flexible capital for traditional private equity, there has been a growing focus by credit funds on the use and role of side letters in financing transactions. In many...more

A&O Shearman

Solvent-Debtor Exception Carries the Day in Fifth Circuit Ultra Petroleum Ruling on Make-Wholes and Post-Petition Interest

A&O Shearman on

On October 14, 2022, the Fifth Circuit issued its decision in Ultra Petroleum, granting favorable outcomes to “unimpaired” creditors that challenged the company’s plan of reorganization and argued for payment (i) of a ~$200...more

Bennett Jones LLP

Court of Appeal Refines the Corporate Attribution Doctrine

Bennett Jones LLP on

The corporate attribution doctrine concerns the attribution of the actions of a corporation’s directing mind to the corporation itself.  On March 10, 2022, in Ernst & Young Inc. v. Aquino [Aquino], the Court of Appeal...more

Conyers

10 Things You Need To Know About…Utilising a Cayman Islands SPV for asset finance transactions

Conyers on

Special purpose vehicles (SPVs) are commonly employed in cross-border and structured finance transactions, as well as in asset finance transactions. In the context of asset finance transactions, SPVs can be a particularly...more

McDermott Will & Emery

Amending Your Credit Agreement in the Era of COVID-19

In this unprecedented time, private equity sponsors and their portfolio companies and other corporate borrowers are concerned about access to liquidity as well as compliance with payment and other obligations under their...more

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