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Searching Content by Avon Khowong from Kramer Levin Naftalis & Frankel LLP ordered by Published Date Descending.
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Curing Ambiguities And Defects Without Noteholder Vote: Not So Fast
A recent decision in New York State Appellate Court demonstrates what can go wrong when an issuer attempts to correct what it asserts to be an ambiguity or defect in an indenture without a noteholder vote.
United States
10 Oct 2016
2
Proposed Brokaw Act Would Affect Change-Of-Control Triggers In Indentures
Change-of-control provisions in high-yield indentures typically define beneficial ownership by reference to Rule 13d-3, promulgated under Section 13(d) of the Securities Exchange Act of 1934 (the "Exchange Act").
United States
26 Sep 2016
3
SDNY Rules That An Exchange Offer Is Not A "Financing" For Purpose Of Indenture Debt Covenant
A recent case out of the Southern District of NY calls into question a view widely held among leveraged finance professionals regarding the interpretation of the terms financing and refinancing...
United States
17 Aug 2016
4
Elimination Of LIBOR-Based Loans May Come Sooner Than Many Expect
On May 20, 2016, the New York Federal Reserve Bank's Alternative Reference Rate Committee released an interim report announcing its preliminary recommendations on a replacement for LIBOR...
United States
7 Jul 2016
5
When Are Add-On Bonds Or Incremental Loans Fungible?
There are generally three categories where add-on bonds or incremental loans can be fungible with the original bonds or loans.
United States
3 Jun 2016
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