News & Analysis as of

Intercreditor Agreements European Union

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Latham & Watkins LLP

2019 Is Different From 2008: 4 European Restructuring Developments for Private Equity Firms to Consider

Latham & Watkins LLP on

Persisting political and economic uncertainty means awareness of market changes remains crucial. The 2008 distress cycle triggered defaults and restructurings for European PE portfolio companies, as maintenance covenant...more

White & Case LLP

Anglo-American relations: A special relationship with subtle differences

White & Case LLP on

Much has been written about the influence of US terms on European transactions and particularly the steady migration of US concepts into English law facilities agreements, resulting from the supply-demand imbalance in the...more

Proskauer Rose LLP

Proskauer Represents Private Credit Funds on New LMA Unitranche Intercreditor Agreement

Proskauer Rose LLP on

A new precedent unitranche intercreditor agreement was published by the LMA on 17 May 2018 for use on unitranche transactions where a private credit fund is providing a facility alongside a super senior RCF. Whilst it does...more

Latham & Watkins LLP

The Growth of European Covenant Lite

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In 2016, global sponsors and their advisers were successful in continuing to export their experiences from financing transactions in the US leveraged loan and global bond markets to the European leveraged loan market and this...more

Latham & Watkins LLP

The Growth of European Covenant Lite

Latham & Watkins LLP on

In 2016, global sponsors and their advisers were successful in continuing to export their experiences from financing transactions in the US leveraged loan and global bond markets to the European leveraged loan market, and...more

Latham & Watkins LLP

PF Newsletter: Article 55 of the BRRD

Latham & Watkins LLP on

From 1 January 2016, all EEA incorporated banks and credit institutions are required to include a term in any non-EEA law governed contract under which they have liabilities, giving contractual recognition of the bail-in...more

Latham & Watkins LLP

The Continued Migration of US Covenant-Lite Structures into the European Leveraged Loan Market

Latham & Watkins LLP on

At the start of 2016, global sponsors and their advisers are the US leveraged loan and global bond markets to the European leveraged loan market. Healthy investor appetite over the last several years means attractive terms...more

Bryan Cave Leighton Paisner

Corporate Trustees: how gross must negligence be?

Surprisingly, the distinction between negligence and gross negligence in English contract and trust law is unclear. On one view, reflected in the older cases, there is little or no difference at all....more

Latham & Watkins LLP

US trends affecting the European leveraged loan market

Latham & Watkins LLP on

The buoyant leveraged finance market in Europe has been continuing to develop in sophistication and depth this year, particularly as regards sponsor friendly terms, as global sponsors and their advisers apply their...more

Latham & Watkins LLP

UPDATE: Cross-border Leveraged Lending – Consider Changes Needed to US Intercreditor Agreements for Financings with European...

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Hybrid US/European restructurings can lead to unexpected commercial outcomes because of different practices in intercreditor agreements. The US loan markets continue to attract European borrowers whenever US pricing...more

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