News & Analysis as of

Limited Liability Company (LLC) Credit Agreements

McGlinchey Stafford

Florida Real Property And Business Litigation Report, Volume 14, Issue 2

McGlinchey Stafford on

Black Knight Servicing Technologies, LLC v. PennyMac Loan Services, LLC, Case No. 1D20-1492 (Fla. 1st DCA 2021). The filing of a separate lawsuit raising separate claims against a separate entity does not establish an...more

Kramer Levin Naftalis & Frankel LLP

New ‘Divisive Merger’ Rules Could Have Outsize Impact on Credit Agreements

Delaware limited liability companies (LLCs) may now divide their assets, rights and obligations among two or more newly created LLCs, in what is known as a “divisive merger.” ...more

Kramer Levin Naftalis & Frankel LLP

The New Delaware LLC “Divisive Merger” Provision – A Potentially Dangerous Loophole Under Debt Covenants

Effective August 1, 2018, the Delaware Limited Liability Company Act (the Delaware LLC Act) allows a Delaware limited liability company (an LLC) to divide into two or more LLCs and allocate the assets, liabilities, rights and...more

Orrick, Herrington & Sutcliffe LLP

Credit Agreements Will Require Important Updates If a Proposed Delaware Law Is Passed

The Delaware legislature is currently contemplating an amendment to the Delaware Limited Liability Company Act that, if passed, would go into effect on August 1, 2018 and would allow Delaware limited liability companies to...more

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