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Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • June 30 2016

Private equity sponsors should be aware of two recent court decisions. One involves fiduciary duties under state law that may be owing to a limited


Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • March 29 2016

Two recent court decisions may affect an equity sponsor's options when deciding whether and how to put money into - or take money out of - a


Clear contractual terms prevail over equitable principles in bankruptcy cases (again)
  • Dechert LLP
  • USA
  • October 6 2015

Bankruptcy courts in the U.S. are widely viewed as favorable fora for debtors, trustees and creditors' committees to pursue creative and difficult


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • October 7 2015

When a portfolio company underperforms, a sponsor may consider various options to address the perceived performance issues, including changes to a


Bail-In, or Just Bailing?
  • Dechert LLP
  • European Union
  • April 25 2016

You know, there's never a dull moment when one reports on the regulatory states' endless and so often fruitless and wrong-headed tinkering with the


US Special Purpose Vehicles’ Independent Directors and the Need for Fiduciary Duties
  • Dechert LLP
  • USA
  • June 1 2016

Essentially all securitization structures utilize a bankruptcy remote entity, aka special purpose entity ("SPE"), to reduce the lenders' or


Secured Creditors Beware: Overvalued Properties in Bankruptcy
  • Dechert LLP
  • USA
  • February 11 2016

An overvalued property may now have a bigger impact on a secured creditor's bottom-line during bankruptcy. Splitting with the Seventh Circuit, the


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • August 18 2014

Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • March 3 2014

A recent decision of the U.S. Bankruptcy Court for the Southern District of New York examines who is an "Eligible Assignee" entitled to acquire loans


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • February 11 2015

Recent legal and regulatory developments have raised issues for those considering a loan-to-own acquisition strategy, and have continued to impact