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Harris Beach PLLC

Syndicated Loans are Not Securities, Court Rules

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In a win for banks and private credit lenders, the U.S. Court of Appeals, Second Circuit recently ruled a $1.8 billion leveraged loan was not a security. The United States syndicated loan market had been anxiously...more

Latham & Watkins LLP

Kirschner v. JP Morgan: Second Circuit Affirms That Syndicated Loans Are Not Securities

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Second Circuit upholds SDNY’s finding that under Reves syndicated loans are not securities under federal law. Introduction - On August 24, 2023, the US Court of Appeals for the Second Circuit issued its highly...more

Dechert LLP

European Commission report on securitisation regulation says EU investors may not invest in securitisations if the sell-side...

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On 10 October 2022, the European Commission (the “Commission”) published a long-awaited report on the Securitisation Regulation (the “Commission Report”). Among other things, the Commission Report responded to a request by...more

White & Case LLP

Liquid debt markets hit the brakes on restructurings

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A strong market for refinancing and low interest rates have enabled most borrowers in Europe and the US to avoid bankruptcy and restructuring procedures - So far this year, fewer European and American businesses have...more

Goodwin

2021 Real Estate Capital Markets Conference Recap

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2020 was a challenging year, to say the least. The real estate industry continues to feel the effects of the global COVID-19 pandemic and subsequent economic consequences going into 2021 as industry leaders are still...more

White & Case LLP

Lenders calm despite fallen angel risks

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Although COVID-19 lockdowns have seen high-profile companies lose their investment grade status, lenders have continued to support these credits. COVID-19’s impact on earnings has seen companies across the United States...more

Morrison & Foerster LLP

U.S. vs European TLB – What Are The Key Differences For European Direct Lenders, And What Do (Or Should) Such Lenders Care About?

In recent years the European direct lending market has grown dramatically. That expansion can be attributed to a number of factors, including (i) a sizeable jump in the number of private equity firms with direct lending...more

Morrison & Foerster LLP

Crossing New Frontiers: European Direct Lenders And Their Foray Into The US TLB Market

In recent years the European direct lending market has grown dramatically. Such expansion can be attributed to a number of factors, including (i) a sizeable jump in the number of private equity firms with direct lending...more

White & Case LLP

Navigating turbulence - Funding sources

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The multiplicity of financing sources such as asset-backed security, insurance and leasing companies has been crucial for the sector. In this section, we reveal the origins and sources of expected funding in 2020. The...more

Allen Matkins

Court Of Appeal Holds “May” Does Not Mean “May Only”

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California requires persons who are engaged in the business of making consumer loans or commercial loans to be licensed under the Finance Lenders Law, unless exempt.  Cal. Fin. Code § 22100.  The CFLL includes the...more

Dechert LLP

A Borrower and a Lender Be: Irish Central Bank’s Loan Origination Fund Rules

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There has been an increasing focus within Europe on alternatives to bank-based credit. Loan origination funds, which look to source loan assets for their investment portfolio by directly originating loans (rather than...more

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