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LevFin Quarterly Q4 2016
  • Weil Gotshal & Manges LLP
  • USA
  • February 17 2017

Welcome to the latest edition of LevFin Quarterly. In this issue, we look at the implications of President Trump's tax reform plan and the House


Chesapeake Energy Court Adopts the Narrow View of Section 316(b) of the TIA
  • Jones Day
  • USA
  • February 16 2017

On February 8, 2017, the U.S. District Court for the Western District of Oklahoma dismissed the class action lawsuit brought by unsecured bondholders


Second Circuit Reverses Lower Court's Restrictions on the Restructuring of Bondholder Rights in Marblegate
  • Duane Morris LLP
  • USA
  • February 16 2017

Recently, in a split (2-1) decision, the United States Court of Appeals for the Second Circuit overturned the United States District Court for the


Marblegate: Southern District’s TIA Decision Reversed - Now What?
  • Sidley Austin LLP
  • USA
  • February 14 2017

On January 17, 2017, a divided (2-1) panel of the U.S. Court of Appeals for the Second Circuit (Second Circuit) reversed the decision of the District


After Marblegate: What Rights do Holdout Bondholders Have?
  • Richards Kibbe & Orbe LLP
  • USA
  • January 31 2017

Bondholders have long feared “the tyranny of the majority” and historically have found limited comfort in a provision of the Trust Indenture Act (the


Second Circuit Confirms That Bond Issuers Can Restructure Out-of-Court Via Consent Solicitations
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • January 26 2017

On January 17, 2017, the U.S. Court of Appeals for the Second Circuit issued an opinion in Marblegate Asset Management v. Education Management Corp


Second Circuit Overturns Marblegate, Holding That Section 316(b) of the Trust Indenture Act Protects Noteholders’ Rights Only With Respect to Core Payment Terms
  • Cahill Gordon & Reindel LLP
  • USA
  • January 26 2017

On January 17, 2017, the United States Court of Appeals for the Second Circuit ruled, in a 2-1 decision, in favor of the for-profit education company


Marblegate: what does it mean for European restructurings?
  • Weil Gotshal & Manges LLP
  • European Union, USA
  • January 25 2017

In a highly-anticipated decision on a long-running bondholder dispute, the US Court of Appeals for the Second Circuit issued its judgment last week


Second Circuit Issues Reversal in Closely Watched Marblegate Case
  • Dechert LLP
  • USA
  • January 24 2017

In a 2-1 opinion, the Second Circuit overruled the district court in Marblegate Asset Management LLC v. Education Management Corp., finding no


Second Circuit Overturns Southern District in Marblegate
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • January 24 2017

On Jan. 17, the U.S. Court of Appeals for the Second Circuit vacated the decision of the District Court for the Southern District of New York in