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Kirschner Update: 2nd Circuit Affirms District Court Opinion That Leveraged Loans Are Not Securities

In its highly anticipated decision, the Second Circuit has answered the question of whether a syndicated term loan qualifies as a “security” with a definitive “no”. On August 24, the Court of Appeals for the Second Circuit...more

Kirschner Update: SEC Declines to Submit Brief in Syndicated Loans Case Giving PE Industry a Reprieve

In March , the Court of Appeals for the Second Circuit requested that the Securities and Exchange Commission (SEC) submit a brief on whether a syndicated term loan qualifies as a “security.” The brief was highly anticipated...more

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