Tag Archives: lenders

Excluded Lenders Prevail – Pro-Rata Sharing Provision in Serta Applies to Cashless Debt-for-Debt Exchange

On remand from the Fifth Circuit, the Bankruptcy Court for the Southern District of Texas (the “Court”) held in the Serta Simmons Bedding (“Serta”) liability management exercise (“LME”)[1] dispute that a credit agreement’s pro-rata sharing provision applied to noncash payments, in this case, a debt-for-debt exchange, and not solely to cash payments.  The Serta Court … Continue Reading

The Register of Overseas Entities From a Restructuring and Insolvency Perspective

The requirement for overseas entities to register or be registered on the UK Register of Overseas Entities (ROE) at Companies House could impact certain transactions that insolvency practitioners (IPs) and lenders are involved with.  Our latest quick guide highlights some of those areas and flags points for IPs and lenders to consider when dealing with … Continue Reading
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