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Loans › Carve Out Provisions

Moritt Hock & Hamroff LLP

A Guaranty for Every Need: An Overview of the Variety of Loan Guaranties-and How to Select the Right One

Moritt Hock & Hamroff LLP on

Underwriting a commercial credit facility is a process of weighing various risk mitigators until the lender is satisfied that the potential for loss is within its tolerance. By evaluating collateral value, credit history,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Loan Market Shows Signs of Rebound Following Volatile End of Year

Skadden, Arps, Slate, Meagher & Flom LLP on

After the 2018 fourth quarter roller coaster ride, when borrowers were essentially shut out of the leveraged loan market, the start to the new year has been tentative. Despite improved market conditions, leveraged loan volume...more

Cadwalader, Wickersham & Taft LLP

Agencies Propose Amendments Relaxing Capital Requirements for ADC Loans

Cadwalader, Wickersham & Taft LLP on

On September 18, 2018, the three federal banking agencies – the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation – jointly...more

Baker Donelson

New York’s Lichtenstein Decision Highlights Conflicts of a Carve-Out Guarantor

Baker Donelson on

The recent New York case of Lichtenstein v. Willkie Farr addresses a borrower's conflict caused, in part, by a loan covenant. The covenant invoked personal liability of the members in the event the entity files a voluntary...more

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