By Francesca Prenestini (Bocconi University, Milan) Most legal systems follow one of two rules for regulating the capacity of …
Out-of-Court Restructurings After Marblegate: Trust Indenture Act Section 316(b) and Beyond
Lawyers from Davis Polk, Drinker Biddle, and Wilmer Hale recently held a panel discussion entitled “Out-of-Court Restructurings …
Exit Consents in Debt Restructurings
By Benjamin Liu (University of Auckland Business School) The exit consent technique refers to an offer by a bond issuer to all the …
Second Circuit Rules on § 316(b) in Marblegate
Last week, the Second Circuit decided Marblegate Asset Management, LLC v. Education Management Corp., holding that § 316(b) of the …
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Awaiting the Second Circuit’s Decision in Marblegate
We anxiously await the Second Circuit's decision in Marblegate, which was argued earlier this year. John Bessonette of Kramer …
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28 Law Firms Publish White Paper Addressing Trust Indenture Act Complications In Debt Restructurings
By David A. Brittenham, Matthew E. Kaplan, M. Natasha Labovitz, Peter J. Loughran, Jeffrey E. Ross, and My Chi To of Debevoise …
The Trust Indenture Act of 1939 in Congress and the Courts in 2016: Bringing the SEC to the Table
By Mark J. Roe, Harvard Law School The Trust Indenture Act’s ban on restructuring payment terms via a vote has come to the fore …