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Pro Rata Sharing

Mayer Brown

What to Know About Pro Rata Capital Call Requirements in Subscription Credit Facilities

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Subscription credit facilities usually require the ability to make, receive, and enforce capital calls on a pro rata basis, whether directly or indirectly through a cascading pledge structure, on 100% of the pool of capital...more

Strafford

[Webinar] Erroneous Payment Provisions in Loan Agreements: Common Features; LSTA Form; Negotiation Tips - Fine Tuning Revlon...

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This CLE webinar will explore the evolution of erroneous payment provisions in credit agreements as a result of the infamous Revlon case. The panel will review provisions developed by market participants, including language...more

White & Case LLP

De-risking the Swedish rights issue process – the overlooked risk mitigant

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The past 12 months have seen three major rights issues by Swedish corporates, each raising approximately SEK 10 billion in new equity. White & Case advised on all of them. In recent talks with other corporates considering the...more

McDermott Will & Emery

The Proposed EU SEP Regulations: a Quiet Move Toward a Top-Down World?

At a high level, the top-down approach is a simple two-step method to calculate the FRAND rate owed to a particular SEP licensor. First, the appropriate aggregate royalty for a given standard (that is, a reasonable price for...more

Jackson Lewis P.C.

Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements

Jackson Lewis P.C. on

For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor...more

White and Williams LLP

Massachusetts Business Court Addresses Defense Cost Allocation and Non-Cumulation Provisions in Long-Tail Context

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A business court in Massachusetts has weighed in on two key issues affecting allocation of insurance coverage for long-tail liabilities in Massachusetts. Specifically, in Crosby Valve LLC et al. v. OneBeacon America Insurance...more

Freeman Law

Private Equity: Offshore Investments and Phantom Income

Freeman Law on

Private Equity: Offshore Investments and Phantom Income - Private equity funds pool capital for investment in privately-held businesses. Increasingly, PE funds are looking to global investment markets and foreign...more

Skadden, Arps, Slate, Meagher & Flom LLP

Unhappy Lenders Challenge Aggressive Debt Exchanges

Takeaways - Loan agreement provisions allowing borrowers to repurchase their loans to take advantage of steep debt discounts and restructure their debt became popular in the wake of the financial crisis. The meaning of some...more

Skadden, Arps, Slate, Meagher & Flom LLP

Uptier Exchange Transactions Remain in Vogue, Notwithstanding Litigation Risk

The U.S. leveraged loan market has grown exponentially since the end of the Great Recession. From 2010 to 2020, loan volumes have risen from approximately $500 billion to nearly $1.2 trillion. This ballooning loan volume can...more

Rivkin Radler LLP

Insurance Update - April 2020

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In our April 2020 Insurance Update we begin with a recap of some of the COVID-19 business interruption claims filed against insurers.... There were some important decisions over the past month from state high courts....more

Stinson - Corporate & Securities Law Blog

Court Permits Settlement of Appraisal Demands on Terms Not Available to All Dissenters

Tiny deals can bring large complications. Mannix v. PlasmaNet, Inc. involved appraisal rights in a merger where the merger consideration, after adjustments, amounted to $114,000, to be split amongst 19,307,715 shares, or...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - September 2014

All Sums or Pro Rata: Did You Get the Coverage You Bought? In recent decades, liabilities stemming from long-term bodily injury or property damage—as from exposure to asbestos or contamination of the environment—have...more

Cranfill Sumner LLP

Indemnity Clauses, Anti-Indemnity Legislation and Additional Insureds

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Indemnity Clauses and Anti-Indemnity Legislation - I. Purpose and Enforceability of Indemnity Clauses - Indemnification is an equitable doctrine that attempts to shift the burden of a judgment from one party...more

Brownstein Hyatt Farber Schreck

Middle Market Loan Update

The Effect of the Financial Crisis on Middle Market Loan Terms Part 1. Loan Buybacks - In addition to providing an object lesson in the dangers of lax lending standards, the global financial crisis of 2008 gave...more

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