News & Analysis as of

Noteholders Trustees

DarrowEverett LLP

1031 Exchanges and the Complexities of Seller Financing

DarrowEverett LLP on

With interest rates nearly the highest they’ve been in decades, but property prices still high, sellers and buyers are looking for ways to finance real estate transactions while also availing themselves of IRC § 1031’s...more

Ward and Smith, P.A.

In Foreclosure, Your Attorney Can Be Counsel or Trustee, But Not Both

Ward and Smith, P.A. on

Five years ago, the General Assembly amended the foreclosure statute to prohibit an attorney who serves as trustee or substitute trustee from representing the noteholder or the borrower during a foreclosure proceeding.  ...more

Alston & Bird

Who Calls the Shots with Trustees and Agents?

Alston & Bird on

In the first article of our new series providing key reference points for trustees and agents seeking guidance on their rights and duties, Corporate Trust & Agency – Law and Practice, our Finance and Litigation Groups...more

Jones Day

New York's Highest Court Upholds Minority Noteholders' Rights Under Trust Indenture Act

Jones Day on

The Situation: In a sharply divided 4-3 decision, CNH Diversified Opportunities Master Account, L.P., et al. v. Cleveland Unlimited, Inc. et al., Case No. 42 (Oct. 22, 2020), the New York Court of Appeals reversed the courts...more

Jones Day

In Brief: On Remand, Momentive Bankruptcy Court Rules That Cramdown Notes Should Bear "Process Efficient" Market Interest Rate

Jones Day on

In Momentive Performance Materials Inc. v. BOKF, NA (In re MPM Silicones, L.L.C.), 874 F.3d 787 (2d Cir. 2017), cert. denied, 138 S. Ct. 2653 (2018), the U.S. Court of Appeals for the Second Circuit affirmed a number of lower...more

Faegre Drinker Biddle & Reath LLP

Corporate Trust: English Courts Uphold No-Action Clause, Deliver Helpful Guidance on Responding to a Noteholder Direction

English courts are willing to uphold no-action clauses, which are commonly found in transactions involving a trustee structure, and will not be easily persuaded by noteholders that such note issuance clauses can be...more

Hogan Lovells

When the shoe does not fit: direct action clauses – can investors step into the Trustee’s shoes to enforce?

Hogan Lovells on

A recent High Court case (Fairhold Securitisation Limited v Clifden IOM No 1 Ltd) has affirmed that in debt issuances involving a trustee, noteholders have only limited rights to take direct enforcement action.  ...more

Jones Day

Second Circuit Issues Key Cramdown Interest Rate Ruling

Jones Day on

In Momentive Performance Materials Inc. v. BOKF, NA (In re MPM Silicones, L.L.C.), 2017 BL 376794 (2d Cir. Oct. 27, 2017) ("Momentive"), the U.S. Court of Appeals for the Second Circuit, in a long-anticipated decision,...more

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