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Creditors Credit Agreements

Walkers

Transposition of Credit Servicers Directive in Ireland – Overview

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On 29 December 2023, the Minister for Finance signed the European Union (Credit Servicers and Credit Purchasers) Regulations 2023 (the "Regulations") into law, thereby transposing the Directive on credit servicers and credit...more

Proskauer Rose LLP

Private Credit Deep Dives – MFN (United States)

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In recent months – as credit spreads have continued to widen – sponsors, borrowers and lenders alike have frequently found themselves combing through their loan documents to check the scope of the pricing “MFN” provisions...more

Hudson Cook, LLP

Statutes of Limitations: Some Guidance for Vehicle Finance from the Ninth Circuit

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Many finance companies, debt buyers, debt collectors, and collection law firms wrestle with the question of which statute of limitations to apply when collecting a deficiency balance on a retail installment contract. States...more

Proskauer Rose LLP

A Game of Survivor: Private Credit Restructuring Year in Review

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Private credit lenders started 2020 both with anticipation and trepidation.  Activity levels were strong and default levels were at historic lows, but private credit lenders worried about the risk of economic headwinds –...more

Proskauer Rose LLP

Navigating the Club in Private Credit Deals

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In light of the recent rise in so-called liability management transactions in the middle market, described by some observers as “lender-on-lender violence”, now is a perfect time for middle market lenders to review and...more

Jones Day

Cram-Up Chapter 11 Plans: Reinstatement and Indubitable Equivalence

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"Cramdown" chapter 11 plans, under which a bankruptcy court confirms a plan over the objection of a class of creditors, are relatively common. Less common are the subset of cramdown plans known as "cram-up" chapter 11 plans....more

Jones Day

Extracting Value from Leveraged Businesses: The Case of McLaren and its Bondholders

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In recent years, market participants have watched with interest from across the Atlantic as U.S. out-of-court liability management and restructuring transactions moved material assets out of the creditors' collateral pools,...more

King & Spalding

Fifth Circuit Denies Post-Petition Default Interest to Fully Secured Creditors

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On June 14, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion affirming bankruptcy and district court decisions finding that, under the terms of the confirmed Chapter 11 bankruptcy plan, the debtor’s...more

Locke Lord LLP

Neiman Marcus Capitalizes on Weak Covenant Package to Transfer Valuable Assets Beyond the Reach of Certain Creditors

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On September 21, 2018, Marble Ridge Capital (“Marble Ridge”) issued a press release indicating that Marble Ridge had sent a letter to the board of directors of Neiman Marcus alleging that certain transactions entered into by...more

Morrison & Foerster LLP

IRS Issues Final Debt-Equity Regulations

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On October 13th, the Internal Revenue Service (“IRS”) followed through on its promise to issue final regulations and temporary regulations under Section1 385 (the “Final Regulations” and “Temporary Regulations,” respectively)...more

Morrison & Foerster LLP

A Closer Look at DOD’s New Guidance on the Military Lending Act Regulations

On August 26, 2016, the Department of Defense (“DOD”) issued an interpretive rule (the “Interpretive Rule”) providing guidance on the DOD’s regulations implementing the Military Lending Act (“MLA”). That same day, we...more

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