Lenders, Equity Investors

When Contractors Become Project Owners: Opportunities, Risks and Conflicts for Japanese Contractors to Consider When Taking Equity...

Vinson & Elkins LLP on 11/14/2023

Japanese heavy-industries companies that typically act as contractors or suppliers on projects are increasingly invited to contribute as equity investors in the projects they construct or supply major equipment to, thereby...more

Whose right is it? Impact of bankruptcy on lender's prepetition exercise of proxy rights

Eversheds Sutherland (US) LLP on 5/12/2023

In In re CII Parent, Inc., the Bankruptcy Court for the District of Delaware affirmed a secured lender’s prepetition exercise of its proxy rights and its subsequent removal and replacement of the directors/managers of the...more

Negotiating Preferred Equity Recognition Rights in Hospitality Deals

Goodwin on 6/20/2022

In recent years, hotel sponsors and developers have increasingly turned to alternative capital sources, like preferred equity, to finance and reposition their existing assets and fund new acquisition and development...more

It’s My Equity, and I’ll Pledge If I Want To

Cadwalader, Wickersham & Taft LLP on 2/15/2021

Most limited partners (“Investors”) in a private equity fund (“Fund”) understand the basics of the collateral package in connection with a subscription credit facility, which typically involves a pledge by a Fund and its...more

New York Assembly Sponsored Legislation Proposes New Tax on Mezzanine Debt and Preferred Equity

Cadwalader, Wickersham & Taft LLP on 2/10/2021

Assembly Bill A3139 was introduced by Assembly Member Harvey Epstein on January 22, 2021. The bill is currently in committee but, if enacted, it will amend New York’s Real Property Law and Tax Law to require the recording of...more

Do Bankruptcy Courts Have Constitutional Authority to Approve Nonconsensual, Third-Party Releases?

Dechert LLP on 1/13/2020

Yes, says the Third Circuit. The Third Circuit recently held that the Bankruptcy Court has the authority to confirm a chapter 11 plan which contains nonconsensual, third-party releases when such releases are integral to the...more

Chewing Through Baskets: The “Chewy Phantom Guarantee” and a Cautionary Tale of the Release of a Valuable Guarantee and Collateral...

Hogan Lovells on 9/30/2019

American pet owners are probably all familiar with Chewy, an e-commerce pet food and products supplier that will quickly ship those heavy bags of dog or cat food right to your doorstep at competitive prices....more

Lenders Beware: Debt Can Now Be Recharacterized as Equity in the Ninth Circuit

Allen Matkins on 5/23/2013

For the last 27 years, bankruptcy courts in the Ninth Circuit consistently held that debt could not be recharacterized as equity unless the movant proved inequitable conduct by the debt holder. On April 30, 2013, the Ninth...more

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