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Fried Frank Harris Shriver & Jacobson LLP | USA | 23 Dec 2020

Review of Target Board LBO Practices May Be Warranted Based on the Nine West Decision-But We Believe the Decision’s Impact Has Been Overstated

Business headlines have warned of a potential "chilling effect on buyouts" as a result of the decision recently issued by the U.S. District Court for…
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Jones Day | USA | 11 Dec 2020

Cram-Down Chapter 11 Plan Need Not Strictly Enforce Subordination Agreement

In the latest chapter of more than a decade of contentious litigation surrounding the 2007 leveraged buyout ("LBO") and ensuing bankruptcy of media…
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White & Case LLP | European Union | 17 Feb 2020

Leveraged loan issuance: Lenders look beyond buyouts

An almost 25 per cent drop in European M&A deal value to €642 billion in 2019 on the previous year, according to Mergermarket data, saw leveraged loan…
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Kramer Levin Naftalis & Frankel LLP | USA | 6 Feb 2020

The “Customer” Argument: An Expansion of the Section 546(e) Safe Harbor?

Introduction In February 2018, the U.S. Supreme Court issued an opinion that, at first blush, appeared to severely curtail the scope of the transferee…
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Cadwalader Wickersham & Taft LLP | USA | 20 May 2019

The District Court in Tribune Circumscribes Merit and Maintains Section 546(e) Safe Harbor Protection for Shareholders in the Wake of a Failed LBO

Last year, the Supreme Court issued its decision in Merit,1 unanimously ruling that a buyout transaction between private parties did not qualify for…
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Morgan, Lewis & Bockius LLP | European Union, USA | 17 Apr 2019

European Commission Publishes Final Study on Antitrust Aspects in EU Loan Syndication Markets

In its recent assessment of the European loan syndication sector from an antitrust perspective, the European Commission did not find specific…
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Travers Smith LLP | European Union, United Kingdom, USA | 27 Mar 2019

Debt market trends

This briefing note is informed by analysis of the transactions on which we advised during 2018, together with other publically reported transactions…
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White & Case LLP | European Union, United Kingdom, USA | 12 Feb 2019

Ten years on: The surprising resilience of European leveraged finance

The European leveraged finance market paused for breath in 2018 after two feverish years, but a combination of new money issuances for LBOs and the…
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Hogan Lovells | Global | 22 Nov 2018

The evolving fiction of EBITDA in the European leveraged finance loans market

EBITDA first rose to prominence in the US leveraged buy-out craze of the 1980s and has since formed the key metric of leveraged finance transactions…
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Vorys Sater Seymour and Pease LLP | USA | 22 Jun 2018

Lender Risk Calculus Changes in Financing Leveraged Transactions

Leveraged transactions, such as leveraged buyouts (LBO) and leveraged recapitalizations, carry the risk of being unwound in a later bankruptcy of the…
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