News & Analysis as of

Liability Creditors Corporate Restructuring

Proskauer Rose LLP

The Evolving New Normal 2024 Private Credit Restructuring Year in Review

Proskauer Rose LLP on

In many ways, 2024 continued existing trends in private credit: modest levels of M&A activity, competition among direct lenders to deploy capital, higher-for-longer interest rates, persistent inflation, elevated default...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

Proskauer Rose LLP

Private Credit Trends: Executive Compensation Considerations in Out-of-Court Restructurings - Insights

Proskauer Rose LLP on

Retaining key management at a distressed company in the midst of an out-of-court restructuring can be necessary for the success of the restructuring. To realign incentives, private credit lenders need to consider reloading...more

Jones Day

Double-Dip Financings: The Next Wave in European Liability Management?

Jones Day on

A “double-dip” structure is considered a way to allow some creditors to have multiple claims against key obligors arising out of the same underlying transactions. These additional claims could improve their position relative...more

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