Over the past year, we have seen a significant increase in Events of Default (each, an “EoD”) arising from financial underperformance. This trend is largely driven by the high interest rate and inflationary environment, with...more
6/12/2025
/ Borrowers ,
Contract Terms ,
Credit Agreements ,
Debt Restructuring ,
Enforcement ,
EU ,
Financial Distress ,
Lenders ,
Loans ,
Private Equity ,
Risk Management
NEW YORK and LONDON, February 3, 2025 – Leading international law firm Proskauer today shared its 2025 Trends in Private Credit report, highlighting market participants’ strong belief that 2025 is expected to be an exciting...more
2/4/2025
/ Asset Management ,
Capital Markets ,
Competition ,
Debt Financing ,
Financial Services Industry ,
Investment ,
Investment Funds ,
Lenders ,
Loans ,
Private Equity Firms ,
Risk Management
One of the foundational provisions negotiated in almost every European leveraged loan agreement is the “Change of Control” definition and associated clauses. This provision is crucial because it directly impacts the risk...more
9/13/2024
/ Acquisitions ,
Asset Management ,
Credit ,
Debt ,
Default ,
EU ,
Fees ,
High-Interest Loans ,
Lenders ,
Loan Agreements ,
Mergers ,
Portability ,
Repayment Options
As borrowers continue to feel the squeeze caused by inflation and high interest rates, lenders in the European mid-market have seen a marked increase in covenant relief, waiver and amend and extend requests from borrowers on...more
Notwithstanding at least some deterioration in documentation standards towards the top-end of the private credit market in recent years, maintenance leverage covenants have remained a pervasive feature of unitranche as an...more
“Call protection” (which you may also hear referred to variously as a “prepayment fee”, “prepayment premium”, “call premium”, “prepayment penalty”, “non‑call”, “hard call”, “soft call” or “make‑whole”) is a core economic term...more
After the unprecedented boom of the immediate post‑COVID era, European M&A activity has slumped in recent months. Indeed, recent market intelligence from Dealogic showed that Q1 of 2023 in EMEA saw a 68% decline in M&A volume...more
In recent months – as credit spreads have continued to widen – sponsors, borrowers and lenders alike have frequently found themselves combing through their loan documents to check the scope of the “MFN” provisions applicable...more