News & Analysis as of May 17, 2025

Corporate Restructuring

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Latest Uptier Decisions in Serta and Mitel Remind Contract Language Matters

Morrison & Foerster LLP on 1/8/2025

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

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

Jones Day on 11/27/2023

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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Liability › Debt › Corporate Restructuring

Latest Uptier Decisions in Serta and Mitel Remind Contract Language Matters

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

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