News & Analysis as of

Debt Contract Terms Lenders

White & Case LLP

Stop right there – intercreditor standstills that grind to a halt

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Standstill periods in private credit intercreditor agreements don't get much attention – they exist to allow senior lenders time to take enforcement action before super senior lenders can step in. But if you're not careful,...more

Jones Day

Uptiers in 2025: Impact of the Serta and Mitel Decisions on Liability Management Exercises

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Late last year, the U.S. Court of Appeals for the Fifth Circuit and the Appellate Division of the Supreme Court of the State of New York issued important rulings regarding the validity of uptier “liability management...more

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*

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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

Morrison & Foerster LLP

Latest Uptier Decisions in Serta and Mitel Remind Contract Language Matters

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

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

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?

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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

Herbert Smith Freehills Kramer

Decoding Derivatives - Q4 2019

Thomas Cook Takeaways - For credit default swap (CDS) protection buyers with protection on Thomas Cook Group Plc,  a U.K. scheme of arrangement paving the way for a £1.6 billion debt-to-equity exchange imposed on all debt...more

White & Case LLP

Calculating and Implementing Additional Debt Capacity

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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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