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September 19, 2016 | Posted by Kramer Levin | Permalink
This month’s issue of Debt Dialogue offers a mix of recent case law and other topics. It looks at fraudulent conveyance, the common interest privilege, cancellation of debt, TIA Section 314(d) and some cases with fact specific circumstances of interest. read more
August 30, 2016 | Posted by Kramer Levin | Permalink
The Loan Syndications and Trading Association (“LSTA”) will implement new rules that govern whether a party is entitled to receive delayed compensation. read more
August 15, 2016 | Posted by Kramer Levin | Permalink
Debt Dialogue focuses on recent developments and recurring interpretive issues and principles that debt-focused investors commonly encounter. Members of our editorial team discuss matters regarding the interpretation, enforcement and documentation of debt, capital markets debt instrumentation, and credit facilities and other arrangements. read more
August 15, 2016 | Posted by Kramer Levin | Permalink
Borrowers, agent banks, syndicate members and secondary market purchasers incur, syndicate, sell and buy bank debt on the assumption that bank debt is not a “security.” However, a June 30, 2016, opinion in the General Motors preference litigation1 shows that such an assumption may no longer be valid, at least under the Bankruptcy Code. Whether the implications of the decision will penetrate the realm of the securities laws remains to be seen.
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July 18, 2016 | Posted by Kramer Levin | Permalink
Kramer Levin’s Debt Dialogue addresses recent developments and recurring issues that debt-focused investors commonly encounter in connection with enforcement of rights, interpretation of documentation and other relevant matters. In this issue we address transactions in CDSs and the underlying debt instruments; securitization of consumer debt; accelerated debt tender offers; and various interpretive court decisions on debt documentation. read more