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Lenders › Default › Debt

A&O Shearman

Time is an illusion. Lunchtime doubly so*

A&O Shearman on

The court reassures lenders on the effect of a termination notice, the meaning of a continuing Event of Default and the effectiveness of reservation of rights letters: Re Pocket Renting. Appointment of administrator...more

Proskauer Rose LLP

Private Credit Deep Dives – Portability (Europe)

Proskauer Rose LLP on

One of the foundational provisions negotiated in almost every European leveraged loan agreement is the “Change of Control” definition and associated clauses. This provision is crucial because it directly impacts the risk...more

Jones Day

Cure and Reinstatement of Defaulted Loan Under Chapter 11 Plan Requires Payment of Default-Rate Interest

Jones Day on

Section 1124(2) of the Bankruptcy Code gives chapter 11 debtors a valuable tool for use in situations where long-term prepetition debt carries a significantly lower interest rate than the rates available at the time of...more

Foley & Lardner LLP

The Future of Venture Debt

Foley & Lardner LLP on

Cash is the lifeblood of any business. Venture-backed companies without a financial history or proven track record are often unable to qualify for a more traditional loan with a big bank. Historically, venture-backed...more

Cozen O'Connor

Overview of the Federal Income Tax Consequences of Defaults and Restructurings Under Loan Agreements

Cozen O'Connor on

Businesses of all types are facing many challenges and uncertainties as a result of the dramatic economic and social forces at work in our current economic environment. In many cases, one of those areas of uncertainty...more

Cohen & Gresser LLP

COVID-19: Will Borrower Defaults Increase?

Cohen & Gresser LLP on

On 11 March 2020, the Bank of England (the “Bank”) warned of “an economic shock that could prove sharp and large” resulting from the coronavirus outbreak that started in Wuhan, China, at the end of 2019. Presenting a package...more

Carlton Fields

CFPB Issues Statement Following Reports of Widespread Student Loan Servicing Failures

Carlton Fields on

The Consumer Financial Protection Bureau (CFPB) recently focused its attention on the student loan industry following alleged widespread servicing failures reported by borrowers and found by the CFPB's examinations and...more

Snell & Wilmer

Borrowers Can Avoid Liability Even After a Trustee’s Sale

Snell & Wilmer on

Since a lender must have a valid debt and valid lien to conduct a trustee’s sale, a borrower that allows the foreclosure sale to occur impliedly agrees that the debt and lien are valid. In Madison v. Groseth and BT Capital,...more

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