Liability management transactions which may favour a subset of creditors over another are increasingly common in the US leveraged finance markets. 2024 may be seen as the year in which these US imports began to make a real...more
Senior secured creditors, being the anchor creditor in the capital stack, will always be focused on ensuring their priority claim is as robust as possible, with clearly delineated capacity for 'super priority' debt. However,...more
European leveraged finance in 2023 was saddled with the negative effects of elevated interest rates. But as the market adjusts to the “new normal”, rate and price stability offer hope for a brighter 2024.
-Rising interest...more
1/30/2024
/ Acquisitions ,
Banking Sector ,
Buyouts ,
Debt ,
Debt Market ,
EU ,
Financial Institutions ,
Interest Rates ,
Investment ,
Leveraged Finance ,
Loans ,
Mergers ,
Private Equity ,
Refinancing
As our latest leveraged finance report reveals, European leveraged finance markets saw significant inertia through the course of 2022 as high inflation, rising interest rates and cooling M&A activity put the brakes on...more
Heading into 2023, European leveraged finance markets continue to deal with fierce headwinds, following 12 months of economic and geopolitical volatility that has prompted a general slowdown in issuance. What does this mean...more
HEADLINES -
-Rising interest rates and reduced refinancing options are increasing the likelihood of restructuring and financial distress in the next 12 months
-Cov-lite debt packages have given borrowers breathing...more
2/2/2023
/ Borrowers ,
Coronavirus/COVID-19 ,
Debt Restructuring ,
Financial Distress ,
Interest Rates ,
Investment ,
Investment Adviser ,
Investors ,
Lenders ,
Private Equity ,
Refinancing ,
Restructuring
European leveraged finance markets have been completely reconfigured in the past 12 months. Inflation, rising interest rates and geopolitical uncertainty have squeezed liquidity and seen high yield bond and leveraged loan...more
2/1/2023
/ Acquisitions ,
Borrowers ,
Capital Markets ,
EU ,
Financial Services Industry ,
Global Dealmaking ,
High Yield Bonds ,
Investors ,
Lenders ,
Leveraged Finance ,
Leveraged Loans ,
Mergers ,
Refinancing ,
UK
European leveraged finance markets saw significant inertia through the course of 2022 as high inflation, rising interest rates and cooling M&A activity put the brakes on leveraged loan and high yield bond issuance. How will...more
1/31/2023
/ Acquisitions ,
Bank of England ,
EU ,
European Central Bank ,
Interest Rates ,
Investors ,
Lenders ,
Leveraged Finance ,
Leveraged Loans ,
Liquidity ,
Mergers ,
Price Inflation ,
Refinancing ,
Risk Assessment ,
UK ,
Ukraine
A public-to-private transaction ("P2P") is one in which a publicly listed company is acquired and taken into private ownership. Because they involve changes in ownership of public companies, P2Ps are subject to various...more
Current macroeconomic and geopolitical uncertainty may make it difficult for companies to know how to tackle their Management’s Discussion and Analysis of Financial Condition and Results of Operations ("MD&A") disclosure. In...more
11/1/2022
/ Coronavirus/COVID-19 ,
Disclosure Requirements ,
Economic Sanctions ,
Energy Costs ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Financial Markets ,
Geopolitical Risks ,
Investors ,
MD&A Statements ,
Military Conflict ,
NVIDIA ,
Price Inflation ,
Regulation S-K ,
Russia ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Ukraine
Since the decision in Assénagon in 2012, there has been some doubt as to how much coercion can be applied in a consent solicitation that includes an "exit consent" and whether consents that seek to force detrimental economic...more
Mining & metals companies can take advantage of low prices in the leveraged finance markets to manage their liabilities amid the expected recession.
The current economic environment creates opportunities for the mining &...more
10/4/2022
/ Bank Loan Markets ,
Capital Requirements ,
Capital Structures ,
Collateral ,
Coronavirus/COVID-19 ,
Debt Restructuring ,
Economic Downturn ,
Federal Reserve ,
Interest Rates ,
Investors ,
Leveraged Finance ,
Liability ,
Liens ,
Metals ,
Mining ,
Price Inflation ,
Recapitalization ,
Refinancing
Standing at the intersection of the Eurobond and high yield markets, so-called "Cross-Over" emerging market deals were more popular than ever in 2021. These deals were not necessarily like the deals that had come before—deals...more
Bridge loans are a key way to finance large acquisitions, but their terms are very specialized. In "The Basics of Bridge Loans", the White & Case team explains the key terms of bridge loans and discusses some challenges faced...more
7/5/2022
/ Acquisitions ,
Bridge Loan ,
Buyers ,
Commitment Letter ,
EU ,
Fees ,
High Yield Bonds ,
Interest Rates ,
Marketing ,
Mergers ,
Private Equity ,
Term Sheets ,
UK
Leveraged loan and high yield bond markets in Western and Southern Europe saw a major resurgence in the past 12 months, driven initially by refinancing, followed by almost unprecedented M&A and buyout issuance, and setting...more
It was a year of rebounds in 2021, from the early hike in refinancing activity to the subsequent surge in M&A and buyout deals, as well as frenetic activity in the PE space, all of which contributed to a noteworthy uptick in...more
2/2/2022
/ Acquisitions ,
Borrowers ,
Buyouts ,
Debt Market ,
EBITDA ,
EU ,
Interest Rates ,
Lenders ,
Leveraged Finance ,
Leveraged Loans ,
Mergers ,
Private Equity ,
Risk Factors ,
Supply Chain
Pro forma financial statements may be required in a securities offering where an acquisition or disposition has occurred or is probable within a certain period of the offering. In a Rule 144A offering, market practice is...more
11/23/2021
/ Acquisitions ,
Asset Test ,
Auditors ,
Capital Markets ,
Disclosure Requirements ,
Dispositions ,
EU ,
Financial Services Industry ,
Financial Statements ,
Income Test ,
Investment ,
Investment Test ,
Investors ,
Offerings ,
Pro Forma Sessions ,
Required Documentation ,
Rule 144A ,
Securities and Exchange Commission (SEC)
For the first time in years, inflation is on the radar for high yield bond and leveraged loan lenders and borrowers—but how might it impact markets?
A sustained period of low interest rates and abundant liquidity have been...more
In this article, the authors explore certain key issues creditors and debtors face when restructuring listed debt (referred herein as "bonds"). There are administrative problems that can arise when dealing with a large number...more
HEADLINES
- In March 2020, credit insurer Euler Hermes forecast a 43% increase in insolvencies in the UK in 2021, as well as a 26% uptick in France and 12% in Germany.
- By December 2020, ratings agency S&P was...more
In structuring a UK scheme of arrangement that involves the restructuring of existing securities and/or the offer of new securities, due consideration must be given to the relevant US securities laws and registration...more
10/29/2020
/ Blue Sky Laws ,
Cross-Border Transactions ,
Issuer Exemption ,
Private Offerings ,
Risk Management ,
Rule 10b-5 ,
Scheme of Arrangement ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Regulation ,
Trust Indenture Act ,
UK ,
United States
Following from the European Leveraged Finance Client Alert Series article "Longer and longer: the ever lengthening loan agreement," the White & Case team compares similar trends in high yield bond documentation that have led...more
Although COVID-19 lockdowns have seen high-profile companies lose their investment grade status, lenders have continued to support these credits.
COVID-19’s impact on earnings has seen companies across the United States...more
9/16/2020
/ Angel Investors ,
Borrowers ,
Coronavirus/COVID-19 ,
Credit Ratings ,
Economic Downturn ,
Financial Crisis ,
Global Market ,
Institutional Investors ,
Investors ,
Lenders ,
OECD ,
Private Investment Funds
Leveraged finance defaults are rising as the impact of COVID-19 is felt, but covenant-lite terms, government intervention and support from financial sponsors have mitigated fallout from the pandemic.
Leveraged finance...more
Leveraged loan agreements form key aspects of capital structures, balancing lender protection against allowing the borrower to run its business according to its business plan. In recent times, the length of such loan...more
6/30/2020
/ Acquisitions ,
Borrowers ,
Capital Structures ,
Creditors ,
High Yield Bonds ,
Lenders ,
Leveraged Buyout ,
Leveraged Lending ,
Leveraged Loans ,
Loan Agreements ,
Loan Documentation