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Lenders › Creditors › Financing

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

Cadwalader, Wickersham & Taft LLP

Ghosts, Goblins, and Goodies October 2021 | Issue No. 150 - Intercreditor Arrangements in Fund Finance Transactions

Cadwalader, Wickersham & Taft LLP on

It is an exciting time to be in the fund finance space. Sponsors continue to seek liquidity to fund investments, and banks and alternative lenders are thinking creatively about how to offer this additional leverage. There...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

Ballard Spahr LLP

DoD to propose amendment to MLA regulations on auto financing

Ballard Spahr LLP on

The Department of Defense announced in its Fall 2019 rulemaking agenda that it is engaged in proposed rulemaking to amend its Military Lending Act (MLA) regulations, apparently in order to allow non-bank creditors to provide...more

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