As during the emergence of the COVID-19 pandemic in March 2020, private credit lenders today face the challenge of adapting to rapidly shifting circumstances driven by a volatile macroeconomic landscape. If past is at all...more
4/25/2025
/ Borrowers ,
Business Interruption ,
Corporate Restructuring ,
Credit Agreements ,
Debt Restructuring ,
Documentation ,
Due Diligence ,
Financial Markets ,
Lenders ,
Loan Agreements ,
Private Equity ,
Refinancing ,
Risk Management ,
Supply Chain ,
Warranties
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
In many ways, 2024 continued existing trends in private credit: modest levels of M&A activity, competition among direct lenders to deploy capital, higher-for-longer interest rates, persistent inflation, elevated default...more
1/29/2025
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Corporate Restructuring ,
Creditors ,
Debt Restructuring ,
Debtors ,
Lenders ,
Liability ,
Popular ,
Private Equity ,
Reorganizations
The United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) ruled on December 31, 2024 that Serta Simmons Bedding’s (“SSB”) 2020 uptier exchange included a transaction that, contrary to the assertions of...more
1/3/2025
/ Appellate Courts ,
Bankruptcy Court ,
Borrowers ,
Commercial Bankruptcy ,
Credit Agreements ,
Declaratory Judgments ,
Lenders ,
Liens ,
Liquidity ,
Loan Agreements ,
Loan Repayment Issues ,
Motion to Dismiss ,
Texas
A common yet contentious liability management strategy is an “uptier” transaction, where lenders holding a majority of loans or notes under a financing agreement seek to elevate or “roll-up” the priority of their debt above...more
In light of the recent rise in so-called liability management transactions in the middle market, described by some observers as “lender-on-lender violence”, now is a perfect time for middle market lenders to review and...more
12/7/2020
/ Borrowers ,
Capital Structures ,
Credit Agreements ,
Creditors ,
Debt Market ,
EBITDA ,
Financial Services Industry ,
Lenders ,
Loan Syndication and Trading Association (LSTA) ,
Loans ,
Middle Market ,
Private Equity
Since the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020, the U.S. Small Business Administration (the “SBA”) and the U.S Treasury Department (“Treasury”) have issued a...more
8/12/2020
/ Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Interim Final Rules (IFR) ,
Lenders ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program Flexibility Act of 2020 (PPPFA) ,
Payroll Taxes ,
SBA ,
Small Business ,
Small Business Loans