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Leveraged Loans Syndicated Loans

White & Case LLP

Delayed-draw facilities: A key differentiator in a competitive market

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Competition between the private credit and broadly syndicated loan (BSL) markets is intensifying, with developments on both sides blurring the distinctions between the two products. One of these distinctive features is the...more

Harris Beach Murtha PLLC

Syndicated Loans are Not Securities, Court Rules

In a win for banks and private credit lenders, the U.S. Court of Appeals, Second Circuit recently ruled a $1.8 billion leveraged loan was not a security. The United States syndicated loan market had been anxiously...more

Troutman Pepper Locke

Kirschner Update: 2nd Circuit Affirms District Court Opinion That Leveraged Loans Are Not Securities

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In its highly anticipated decision, the Second Circuit has answered the question of whether a syndicated term loan qualifies as a “security” with a definitive “no”. On August 24, the Court of Appeals for the Second Circuit...more

Orrick, Herrington & Sutcliffe LLP

2nd Circuit affirms leveraged loans are not securities

On August 24, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s order dismissing plaintiff’s claim that a national bank’s nearly $1.8 billion syndicated loan for a drug testing company were...more

Proskauer Rose LLP

Private Credit Deep Dives – Leverage Covenants and Auto-Resets

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As the private credit industry has relentlessly expanded and the capital available for deployment by private credit asset managers has rapidly grown, those investing at the top end of the market have increasingly had to...more

Goodwin

Debt Download - February 2023

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Welcome to Goodwin's Debt Download, our monthly newsletter covering what you need to know in the leveraged finance market. We hope you’re staying warm during the winter doldrums....more

Goodwin

Debt Download

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As of the date of publication of this inaugural Debt Download, the credit markets remain challenging. Nevertheless, we are seeing glimmers of optimism: a hope that with the approaching new year (with its attendant refreshed...more

White & Case LLP

Lenders eager to finance US buyouts, but supply of new deals tightens

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High yield bond and syndicated loan lenders are eager to fund US buyout deals, but competition from private debt markets and high secondary buyout volumes have restricted supply - High yield bond and leveraged loan...more

Polsinelli

Court Provides Additional Guidance On When Notes Are Not Securities - The Kirschner Case

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The loan market breathed an immense sigh of relief this spring with the ruling in Kirschner v. JPMorgan Chase Bank, N.A. 1 (“Kirschner”) affirming the prevailing market view that notes representing syndicated loans are not...more

Cadwalader, Wickersham & Taft LLP

Kirschner Decision—Implications for CLOs and Syndicated Loans

On May 22, 2020, Judge Paul G. Gardephe of the U.S. District Court for the Southern District of New York granted a motion to dismiss in Kirschner v. JPMorgan Chase Bank, N.A., finding, inter alia, that the syndicated loans at...more

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