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Results: 1-10 of 122

Safe harbors and securitizations: loan payments in connection with a commercial mortgage-backed securitization protected from clawback under the U.S. Bankruptcy Code safe harbors
  • Reed Smith LLP
  • USA
  • May 14 2015

In Krol v. Key Bank National Association, et al. (In re MCK Millenium Centre Parking, LLC), Adv. No.14-00392 (N.D. Ill. Apr. 24, 2015), the U.S


Make whole provisions in bankruptcy
  • Reed Smith LLP
  • USA
  • September 26 2014

Loan agreements and bond indentures often contain "make-whole" provisions, which provide yield protection to lenders and investors in the event of a


Distressed over Eligible Assignees: who's in, who's out in Meridian Sunrise Village
  • Reed Smith LLP
  • USA
  • May 29 2014

A recent decision out of the U.S. District Court for the Western District of Washington will be of interest to both lenders and borrowers of loans


Warehouseman’s liens for traders, banks and storage operators
  • Reed Smith LLP
  • Singapore, United Kingdom, USA
  • March 20 2014

When goods are delivered to a professional storage operator (we will refer to them as a warehouseman) for safe keeping, they may become subject to a


Are those bankruptcy waivers in your intercreditor agreements effective?
  • Reed Smith LLP
  • USA
  • February 28 2014

If you have negotiated an intercreditor agreement, you are familiar with the lengthy bankruptcy waivers typically drafted by counsel for first-lien


Delaware Chancery Court evaluates ‘public, commercially reasonable’ foreclosure sale under UCC
  • Reed Smith LLP
  • USA
  • December 11 2013

Edgewater Growth Capital Partners LP created the debtor and guaranteed its indebtedness. After several attempts to restructure the debtor, the


Parent obligor can pledge subsidiary’s collateral with subsidiary’s knowledge and consent
  • Reed Smith LLP
  • USA
  • December 11 2013

The Third Circuit held that a parent obligor could effectively pledge as collateral the deposit account of its subsidiary, with the subsidiary's


Seventh Circuit requires competition for insider’s new-value plan of reorganization
  • Reed Smith LLP
  • USA
  • June 12 2013

The United States Court of Appeals for the Seventh Circuit recently extended the "competition rule" to a new-value reorganization plan that proposed


Make-whole claim in the amount of 37 of loan balance is enforced by Delaware Bankruptcy Court
  • Reed Smith LLP
  • USA
  • June 12 2013

Good news for lenders. Judge Carey of the Bankruptcy Court for the District of Delaware enforced a make-whole premium equal to 37 percent of the


Following Castleton Plaza, competitive bidding required where insider asserts ‘new value’ exception to absolute priority rule
  • Reed Smith LLP
  • USA
  • June 12 2013

The court denied confirmation of the debtor’s plan, finding that: (i) the debtor failed to demonstrate that it would be able to obtain financing to