We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-4 of 4

Offshore bankruptcy-remote entity is not bankruptcy-proof; trust indenture voting requirement overridden in involuntary bankruptcy case

  • Reed Smith LLP
  • -
  • USA
  • -
  • March 15 2012

An involuntary chapter 11 case was commenced in the Bankruptcy Court by senior noteholders against a Cayman Islands corporation that had been established as a special purpose entity to hold securities

NY decision dents special-purpose entity shield

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 15 2009

A fundamental component in the commercial mortgage-backed securities ("CMBS") market is the lender's reliance that the loan is made to a "bankruptcy remote" special-purpose entity ("SPE"

Failure to verify filing of UCC finance statements results in loss of lease payment streams

  • Reed Smith LLP
  • -
  • USA
  • -
  • January 19 2009

The Ninth Circuit Bankruptcy Appellate Panel has held that a finance company did not have a perfected security interest in equipment lease payment pools assigned to it because neither the assignee, nor the assignor with which it had contracted, filed the appropriate UCC financing statements

Safe harbor applied to contract deemed to be repurchase agreement

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 10 2008

Courts faced with the task of unraveling the results of the recent credit crisis are being called upon to scrutinize lending agreementsmany of which are complex and often previously uninterpreted