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Financing › Lenders › Debtors

J.S. Held

Maintaining Private-Equity Involvement and Funding When Their Initial Investment Is Underwater

J.S. Held on

Private-equity (PE) involvement in distressed companies has grown more complex than ever. As market headwinds persist, performance deteriorates, valuations shrink or a company faces a wall of debt maturities, turnaround...more

Ward and Smith, P.A.

The Perils of Over-Lawyering in Bankruptcy

Ward and Smith, P.A. on

For a lender in bankruptcy, the best situation is to be an over-secured creditor, meaning the value of your collateral exceeds your debt.  A creditor in this exalted category can recover principal, interest (including...more

Goodwin

SEC Issues No-Action Relief On Registered Funds’ Custody Of Loan Interests

Goodwin on

In this Issue. The U.S. Securities and Exchange Commission (SEC) was very active this week, having (i) issued no-action relief allowing registered funds to engage in self-custody of interests in loans that are originated,...more

Lowenstein Sandler LLP

This is Really Funny…On Our Way to The Bankruptcy Court

Lowenstein Sandler LLP on

A company commences a Chapter 11 bankruptcy case, obtains “debtor in possession” financing and then asks its vendors for more unsecured credit because (according to the debtor) the debtor just got lots of new financing and...more

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