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Results: 1-10 of 55

US Special Purpose Vehicles’ Independent Directors and the Need for Fiduciary Duties
  • Dechert LLP
  • USA
  • June 1 2016

Essentially all securitization structures utilize a bankruptcy remote entity, aka special purpose entity ("SPE"), to reduce the lenders' or


Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • June 30 2016

Private equity sponsors should be aware of two recent court decisions. One involves fiduciary duties under state law that may be owing to a limited


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • February 11 2015

Recent legal and regulatory developments have raised issues for those considering a loan-to-own acquisition strategy, and have continued to impact


Clear contractual terms prevail over equitable principles in bankruptcy cases (again)
  • Dechert LLP
  • USA
  • October 6 2015

Bankruptcy courts in the U.S. are widely viewed as favorable fora for debtors, trustees and creditors' committees to pursue creative and difficult


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • October 7 2015

When a portfolio company underperforms, a sponsor may consider various options to address the perceived performance issues, including changes to a


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • March 3 2014

A recent decision of the U.S. Bankruptcy Court for the Southern District of New York examines who is an "Eligible Assignee" entitled to acquire loans


Ninth Circuit Reverses Itself on Payment of Default Interest in Cure Cases
  • Dechert LLP
  • USA
  • November 14 2016

Circuit held that when a chapter 11 debtor cures a default under its loan agreements, the debtor is required to pay default interest as required by


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • August 18 2014

Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange


Bankruptcy court rejects FDIC’s claim for capital shortfall
  • Dechert LLP
  • USA
  • September 23 2010

The next few years will see the "redevelopment" of the law in two critical areas involving bank failures where the Federal Deposit Insurance Corporation ("FDIC") is appointed receiver: (i) the relative rights and claims of creditors of a bank or savings and loan holding company, including the FDIC; and (ii) D&O and professional liability


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • July 18 2012

There have been some important recent legal developments that will likely impact acquisition finance