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Tariffs to the left of me, uncertainty to the right. To paraphrase the 1970’s rock song, an owner of a distressed business must feel stuck in the middle in a world of shifting governmental policies and an ever-changing...more
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
Investors in LMA-based intercreditor agreements (ICA) should be reassured by the commercial approach recently taken by the High Court in construing the "Distressed Disposal" provisions (DD Provisions)....more