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Lenders › Default › Loan Agreements

Amundsen Davis LLC

Guarantors vs. Co-Borrowers: Avoiding Pitfalls in Loan Structuring

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In commercial lending, the decision to designate a party as a guarantor or co-borrower is more than a technicality—it can significantly impact a lender’s ability to enforce a loan. Mislabeling a guarantor as a co-borrower,...more

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

McGlinchey Stafford

Illinois SB 86 Brings New Requirements for Student Loan Lenders and Servicers

McGlinchey Stafford on

On August 2, 2024, the Illinois governor signed SB 86 into law to amend the Illinois Know Before You Owe Private Education Loan Act and the Illinois Student Loan Servicing Rights Act. Establishing new requirements that will...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

Cadwalader, Wickersham & Taft LLP

How to Prepare for a Real Estate Enforcement in Europe, Part 3 – Implementation (or Getting the Deal Done!)

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Having covered how to prepare for an enforcement in Part 1 and stressed the importance of valuation evidence in enforcements in Part 2, the focus of our mini-series now turns to implementing the enforcement....more

Snell & Wilmer

California Supreme Court Refuses To Hear Default Interest Case

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On December 21, 2022, the California Supreme Court denied review of a controversial Court of Appeal decision from earlier last year that prohibited lenders from charging default interest against the principal balance of any...more

King & Spalding

Lenders’ Duties when Enforcing Security

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Against the backdrop of the Covid-19 pandemic and global economic slowdown, we are being asked by borrower and lender clients alike whether lenders have a duty of care as regards enforcement. Two recent cases before the...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

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