In an overlooked aspect of the recent New York Court of Appeals decision in Cortlandt St. Recovery Corp. v. Bonderman1, New York’s high court has allowed direct claims to move forward against two private equity firms for the...more
9/21/2018
/ Acquisition Finance ,
Alter Ego ,
Appeals ,
Bonds ,
Breach of Contract ,
Debt ,
Dismissals ,
Fraudulent Conveyance ,
Global Market ,
Indenture Trustee ,
Insolvency ,
NY Appellate Court ,
Piercing the Corporate Veil ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Reversal
A delicate balance has evolved over time in leveraged acquisitions with respect to the nature of the contractual relationship between a target and its owners, on the one hand, and the debt financing sources of the buyer, on...more
10/5/2017
/ Acquisition Finance ,
Appeals ,
Bonds ,
Breach of Contract ,
Buyers ,
Competitive Bidding ,
Contract Drafting ,
Contract Terms ,
Credit Agreements ,
Debt Financing ,
False Statements ,
Lenders ,
Leveraged Buyout ,
Negligent Misrepresentation ,
Private Equity ,
Refinancing ,
Reversal ,
Sellers ,
TX Supreme Court
When a portfolio company underperforms, a sponsor may consider various options to address the perceived performance issues, including changes to a portfolio company’s management team, cost structure, capital structure or...more
10/16/2015
/ 363 Sales ,
Acquisition Finance ,
Bankruptcy Code ,
Bonds ,
Borrowers ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Lenders ,
Loan Agreements ,
Private Equity ,
Private Placements ,
RadioShack ,
Rule 144A ,
Trust Indenture Act