U.S. loan market adjusts to address swaps-related rules issued under Dodd-Frank *

USA - February 12 2013
New provisions in U.S. loan agreements are quickly becoming a common market practice to address swaps-related rules issued by U.S. regulators in the…

Co-authors: Ronald S. Gross (Ron) , Glenn S. Arden, Alice Yurke.

TOUSA: Eleventh Circuit upholds fraudulent transfer opinion against lenders *

USA - May 31 2012
On May 15, 2012, the United States Court of Appeals for the Eleventh Circuit issued a decision in the much-watched litigation involving the residential construction company, TOUSA, Inc. ("TOUSA").

Co-authors: Robert J. Graves (Bob) , Barry A. Jacobs .

Effect of acceleration upon a Chapter 11 filing on enforceability of make-whole or prepayment premiums *

USA - May 14 2012
Indentures often contain make-whole premiums payable upon early redemption of the debt, and term B loan agreements often include "soft call" protection in the form of prepayment premiums during the early life of the loan.

Co-authors: Noopur N. Garg .

The handling of material nonpublic information in the U.S. and U.K. loan markets *

United Kingdom, USA - August 13 2010
Institutions that maintain loan portfolios through origination or acquisition or engage in other activities that generate credit exposures ("loan market participants" or "LMPs") very often have access to (or are deemed to have access to) confidential information that may include material nonpublic information ("MNPI").

Co-authors: Liz Saxton.