News & Analysis as of

Syndicated Loans Loan Syndication and Trading Association (LSTA)

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

US Supreme Court Declines to Review Ruling that Syndicated Loans Are Not Securities

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The order marks the end of the Kirschner case, which had threatened to expand US securities regulation to syndicated loans. The US Supreme Court has denied a petition for certiorari review in the Kirschner case, in which...more

Sullivan & Worcester

Are Syndicated Term Loans Securities? The Second Circuit Says No.

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On August 24, 2023, the Second Circuit Court of Appeals determined in the highly anticipated case, Kirschner v. JP Morgan Chase Bank N.A., et al., that syndicated term loans are not securities. The Court upheld the district...more

Katten Muchin Rosenman LLP

The Second Circuit Agrees: Loans are Not Securities

In a highly anticipated decision, the United States Court of Appeals for the Second Circuit affirmed the District Court’s decision in Kirschner v. JP Morgan Chase Bank that the syndicated loan at issue in the case was not a...more

Cadwalader, Wickersham & Taft LLP

Taking Control August 2023 - Loans Are Not Securities

We have a final answer to the question of whether a term loan is a security. Yesterday, the Second Circuit Court of Appeals affirmed the District Court’s decision in the Kirschner Case that a term loan is not a security. We...more

Orrick - Distressed Download

Loan Trading 101: How to Ensure You Get It Right with Transfer Restrictions

If you know anything about syndicated loan trading, you probably know the basics of transfer restrictions. New term lenders typically need the consents of the administrative agent and the borrower in order to be admitted to...more

Cadwalader, Wickersham & Taft LLP

‘I’ll Be There for You’ December 2022 | Issue No. 203 - Are Loans Securities?

We have been following a case that has been winding its way through New York federal courts for some time that players in the syndicated loan market have described as everything from “a potential game changer” to an...more

Goodwin

Debt Download

Goodwin on

As of the date of publication of this inaugural Debt Download, the credit markets remain challenging. Nevertheless, we are seeing glimmers of optimism: a hope that with the approaching new year (with its attendant refreshed...more

Troutman Pepper

UPDATE: Second Circuit May Answer Loans Securities Question in Kirschner Appeal

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A 2020 case that held that syndicated loans as an asset class are not securities for purposes of the securities laws is making a return to the spotlight as an appeal threatens to upend the decision....more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Considers Whether Syndicated Term Loans Are Securities

Key Points - The 2nd Circuit is considering whether syndicated term loans—i.e., loans to corporate entities provided by a group of lenders, rather than a single lender—are “securities” under a U.S. Supreme Court decision...more

Cadwalader, Wickersham & Taft LLP

There’s No Limit - November 2021 | Issue No. 151 - Loan Market Round-Up

This was a busy week in the loan market. LIBOR transition is accelerating daily, we have a new form of credit agreement from the LSTA, and what has been deemed an “existential threat” to the syndicated loan market has reared...more

Cadwalader, Wickersham & Taft LLP

Let the Games Begin July 2021 | Issue No. 136 - Revlon: It’s Worth a Double Take (Part II: Borrower Considerations)

In last week’s edition of FFF, we discussed the Revlon case involving an erroneous payment by an administrative agent to the syndicate lenders, which is currently up on appeal before the Second Circuit Court of Appeals....more

Cadwalader, Wickersham & Taft LLP

Facing Erroneous Payments July 2021 | Issue No. 135 - Revlon: It’s Worth a Double Take (Part I: Syndicate Lender Considerations)

Summary of Case - On August 11, 2020, the administrative agent in a loan to Revlon intended to make an interest payment to the lender syndicate and instead mistakenly wired almost $900 million of its own money to the...more

Sullivan & Worcester

What Happens if You Make a Payment in Error? – The LMA Responds to the Revlon Loan Dispute

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Few cases in recent memory have stirred up as much concern and controversy in the syndicated loan market—on both sides of the Atlantic—as the Revlon case. The ruling of the New York federal court in Revlon was that the...more

Locke Lord LLP

Syndicated Term Loans and U.S. Securities Laws

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Recently, the U.S. District Court in the Southern District of New York held in Kirschner v. J.P. Morgan that a syndicated term loan was not a “security” under several state securities (or Blue Sky) laws. While the ruling did...more

White & Case LLP

Leveraged Loan Update: Millennium Court Decision Confirms Syndicated Loans Are (Still) Not Securities

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The Bottom Line: On May 22, 2020, the United States District Court for the Southern District of New York concluded that broadly syndicated term loans are not "securities". This decision is highly significant to the US...more

Kramer Levin Naftalis & Frankel LLP

Statement from the Loan Syndications and Trading Association Regarding Business Continuity in the Corporate Loan Market

On March 9, the Loan Syndications and Trading Association (“LSTA”), the association for the syndicated loan market in the United States, announced that it members are taking multiple steps to ensure business continuity and a...more

Proskauer Rose LLP

LIBOR Replacement Update

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As most market participants are aware, in 2017, the Financial Conduct Authority (FCA), a financial regulatory body in the UK, announced that LIBOR would be phased out. The announcement was made, in part, in recognition of the...more

Proskauer Rose LLP

Millennium: Are Syndicated Loans Securities?

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In litigation related to the Millennium bankruptcy, the trustee for the bankruptcy’s litigation trust sued the agent banks that underwrote a $1.75 billion dollar loan to Millennium, alleging that by fraudulently originating...more

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