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Debtors Distressed Debt Creditors

Holland & Knight LLP

American Tire: Rubber Hits the Road in Non-Ratable Chapter 11 Liability Management Transaction

Holland & Knight LLP on

Minority senior secured lenders in syndicated deals rely on, among other provisions, the "sacred right" protections contained in the credit documents to protect the benefit of their bargained-for agreement: primarily, that...more

Goodwin

Stalking Horse Bidders: What Bid Protections Can You Expect in a Section 363 Sale?

Goodwin on

Conducting an asset sale through a bankruptcy auction — a Section 363 sale — is an effective and common M&A tool for a distressed company. In anticipation of a 363 sale, a Chapter 11 debtor typically tries before its...more

Conyers

The Effect of Subordination Agreements in the Event of Insolvency

Conyers on

Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial...more

Troutman Pepper Locke

What Is a Stalking Horse Bidder in a Section 363 Sale and Why Might I Want to Be One? - Creditor's Rights Toolkit

Troutman Pepper Locke on

Serving as the stalking horse bidder in a Section 363 sale can provide a buyer with financial and legal protections, as well as better position the buyer to ultimately acquire the debtor’s assets. This article addresses the...more

BCLP

The bankruptcy Pegasus: stalking horse agreements in aviation

BCLP on

The bankruptcy Pegasus: stalking horse agreements in aviation - The Covid-19 pandemic has had a significant impact on the aviation industry, with regular international travel being halted for prolonged periods since March...more

Hogan Lovells

A further step taken by Ukraine to simplify out of court loan workouts

Hogan Lovells on

On 25 September 2019, the Ukrainian Parliament brought into force law No. 112-IX (the “Law“). The purpose of the Law is to correct deficiencies in existing legislation and further promote out-of-court financial restructurings...more

Hogan Lovells

Paying the piper

Hogan Lovells on

More often than not companies trade for months under insolvent or financially distressed circumstances before eventually filing for business rescue proceedings as a last hope to keep the wolves from the door. ...more

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