Until recently, two of the most important cases interpreting the Bankruptcy Code’s “safe harbor” provisions appeared to be in potential tension. First, in the U.S. Supreme Court’s 2018 Merit Management decision, the Supreme...more
10/1/2024
/ Bankruptcy Code ,
Chapter 11 ,
Financial Institutions ,
Financial Services Industry ,
Financial Transactions ,
Liquidation ,
Parent Corporation ,
Recapitalization ,
Safe Harbors ,
Securities ,
Trustees
Guaranties are a common feature in fund finance transactions. Particularly in NAV loans, upstream and affiliate (or “sideways”) guaranties are used. Below we discuss some of the context for the use of these types of...more
5/19/2023
/ Borrowers ,
Credit Agreements ,
Credit Facilities ,
Financial Services Industry ,
Financing ,
Investment Funds ,
Investment Management ,
Lenders ,
Loan Guaranties ,
Loans ,
NAV
As many parties expected, on March 17, 2023 SVB Financial Group (“SVB Financial” or the “Debtor”) the holding company for Silicon Valley Bank, commenced a case under chapter 11 of the United States Bankruptcy Code (the...more
3/22/2023
/ Bankruptcy Code ,
Banks ,
Chapter 11 ,
Commercial Bankruptcy ,
Deposit Accounts ,
Depository Institutions ,
FDIC ,
Financial Institutions ,
Financial Services Industry ,
Insolvency ,
Receivership ,
Silicon Valley