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Fifth Circuit Rules on the "Solvent-Debtor Exception" and Make-Whole Premiums

USA - December 6 2022 On October 14, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a long-awaited ruling on whether Ultra Petroleum Corp. ("UPC") must pay a…

James O. Johnston, Heather Lennox, Joshua M. Mester, Nicholas C.E. Walter, C. Lee Wilson

Fifth Circuit Rules on the "Solvent-Debtor Exception" and Make-Whole Premiums

USA - October 28 2022 Courts have disagreed over whether a make-whole premium triggered by a borrower's bankruptcy filing must be disallowed as unmatured interest. They…

James O. Johnston, Heather Lennox, Joshua M. Mester, Nicholas C.E. Walter, C. Lee Wilson

Divided Ninth Circuit Rules That Unimpaired Unsecured Creditors of a Solvent Debtor May Be Entitled to Post-Petition Interest at Contract or State Default Rates

USA - September 20 2022 The Situation: Bankruptcy courts have split on what rate of post-petition interest unimpaired creditors of a solvent debtor are entitled to receive…

James O. Johnston, Heather Lennox, Joshua M. Mester, Nicholas C.E. Walter, C. Lee Wilson

2021 Transactional Year in Review and 2022 Forecast

Australia, China, European Union, United Kingdom, USA - January 14 2022 As M&A activity shattered records in 2021, dealmakers faced challenges both familiar and new. From SPAC litigation, to enhanced FDI and antitrust…

Corinne Ball, Brett P. Barragate, Anna Cartwright, James P. Dougherty, Alban Caillemer du Ferrage

Infrastructure Investment and Jobs Act: Overview and the Role of P3s

European Union, United Kingdom, USA - January 14 2022 As dealmakers recover from a record-breaking 2021, we expect another busy year in 2022. While risks in the Financing market, the tightening of the…

Corinne Ball, Alban Caillemer du Ferrage, Heather Lennox, Kevyn D. Orr, Jeffrey A. Schlegel