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Second Circuit Confirms That Bond Issuers Can Restructure Out-of-Court Via Consent Solicitations

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...

Mark A. McDermott, Liz Downing, Gregory A. Fernicola, Jay M. Goffman.

Recent Rulings Underscore Importance of Careful Drafting of Make-Whole Payment Provisions

USA - January 18 2016 Under long-established common law, loans must be paid only upon maturity, not before. This "perfect tender in time" rule is the default rule in a...

Robert A. Weber, Mark S. Chehi.