News & Analysis as of

Financing Default

Vinson & Elkins LLP

Avoiding Investor Pitfalls in Complex Construction Financing Arrangements

Vinson & Elkins LLP on

The frontier for construction project investment continues to grow – not just geographically and technologically – but also structurally, in the legal sense. Both equity and debt investors can employ a variety of complex...more

Cadwalader, Wickersham & Taft LLP

My Achy Breaky Default February 2024 - Common Events of Default in Subscription Credit Facilities: How Parties End Up Here, and...

Private equity sponsors and their funds benefit from the flexibility of revolving credit facilities and the ability to borrow significant amounts of capital on short notice. But that fast access to liquidity can quickly be...more

Latham & Watkins LLP

When Does an Event of Default Cease to Be Continuing

Latham & Watkins LLP on

The High Court’s decision in relation to an ISDA Master Agreement will likely guide interpretation of other English law-governed financing documentation. Prior to entering into administration, Lehman Brothers...more

Cadwalader, Wickersham & Taft LLP

Cinco Celebration May 2023 - Renewed Attention for Defaulting Lender Provisions

In years past defaulting lender mechanics in a subscription credit facility may have been viewed as boiler plate language and, in most cases, the relevant provisions have not received much attention. In light of recent events...more

McGlinchey Stafford

CFPB eyes unfair, deceptive acts: Technology and repossessions

McGlinchey Stafford on

The Consumer Financial Protection Bureau (CFPB) recently issued two bulletins highlighting its concerns with business practices in the auto finance and servicing industries as a result of inflation and the potential for...more

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