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Market Turmoil: Proven Strategies for Managing Private Credit Portfolios Through Volatility

As during the emergence of the COVID-19 pandemic in March 2020, private credit lenders today face the challenge of adapting to rapidly shifting circumstances driven by a volatile macroeconomic landscape. If past is at all...more

2025 Private Credit Survey Shows Enthusiasm for Dealmaking and Lending in Year Ahead - Insights

NEW YORK and LONDON, February 3, 2025 – Leading international law firm Proskauer today shared its 2025 Trends in Private Credit report, highlighting market participants’ strong belief that 2025 is expected to be an exciting...more

The Evolving New Normal 2024 Private Credit Restructuring Year in Review

In many ways, 2024 continued existing trends in private credit: modest levels of M&A activity, competition among direct lenders to deploy capital, higher-for-longer interest rates, persistent inflation, elevated default...more

The End of Non-Pro Rata Uptiers? Fifth Circuit Rules that Serta Exchange was Not an “Open Market Purchase”

The United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) ruled on December 31, 2024 that Serta Simmons Bedding’s (“SSB”) 2020 uptier exchange included a transaction that, contrary to the assertions of...more

New York’s New Notice Requirement for Practice Management Deals Demonstrates a Trend That Should be Carefully Watched

Following New York State Governor Kathy Hochul’s proposal in February of this year (see our previous alert), the New York legislature passed and Governor Hochul signed a law on May 3, 2023, which significantly increases the...more

Final Ruling in Serta Reaches Decision on “Open Market Purchase”

Background In November 2016, Serta Simmons Bedding, LLC and certain affiliates (collectively, the “Debtors”) entered into credit facilities which provided for (i) $1.95 billion in first lien term loans (the “2016 Credit...more

Boardriders: Minority Lenders Win Round One

A common yet contentious liability management strategy is an “uptier” transaction, where lenders holding a majority of loans or notes under a financing agreement seek to elevate or “roll-up” the priority of their debt above...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021.  The SBA is currently reviewing submitted SVO Grant applications and issuing both initial and supplemental awards. As of December 13, 2021, the SBA had...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021.  The SBA is currently reviewing submitted SVO Grant applications and issuing both initial and supplemental awards.  As of November 29, 2021, the SBA had...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021.  The SBA is currently reviewing submitted SVO Grant applications and issuing both initial and supplemental awards. As of November 15, 2021, the SBA had...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021. The SBA is currently reviewing submitted SVO Grant applications and issuing both initial and supplemental awards. As of November 8, 2021, the SBA had...more

Front and Center: Latest SVO Grant Numbers - (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021. The SBA is currently reviewing submitted SVO Grant applications and issuing both initial and supplemental awards. As of October 25, 2021, the SBA had...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021.  The SBA is currently reviewing submitted SVO Grant applications and issuing both initial and supplemental awards. As of October 12, 2021, the SBA had...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021.  The SBA is currently reviewing submitted SVO Grant applications and issuing both initial and supplemental awards.  As of October 4, 2021, the SBA had...more

Where Are We Now? An Up-to-Date Guide to the Paycheck Protection Program

Since the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020, Congress has enacted subsequent laws and the U.S. Small Business Administration (the “SBA”) and the U.S...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021. The SBA is currently reviewing submitted SVO Grant applications and issuing awards. As of September 20, 2021, the SBA had made decisions on 95% of all...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021. The SBA is currently reviewing submitted SVO Grant applications and issuing awards. As of September 13, 2021, the SBA had made decisions on 94% of all...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021. The SBA is currently reviewing submitted SVO Grant applications and issuing awards. As of September 7, 2021, the SBA had made decisions on 93% of all...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA stopped accepting new SVO Grant applications on August 20, 2021. The SBA is currently reviewing submitted SVO Grant applications and issuing awards. As of August 30, 2021, the SBA had made decisions on 90% of all...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA is currently reviewing SVO Grant applications and issuing awards. As of August 17, 2021, the SBA had made decisions on 97% of all applications. SVO Grant program reports, which detail the number of applications...more

Front and Center: SVO Grants through the SBA (UPDATED)

Updated as of August 16, 2021 - The Consolidated Appropriations Act, 2021 (the “CAA”), which provides $900 billion in new COVID-19 relief funding, was signed into law on December 27, 2020. Section 324 of Title III of the...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA is currently reviewing SVO Grant applications and issuing awards. As of August 2, 2021, the SBA had made decisions on 97% of all applications. SVO Grant program reports, which detail the number of applications...more

Paycheck Protection Program – Where Are We Now? An Up-To-Date Guide to the Paycheck Protection Program (UPDATED)

Since the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020, Congress has enacted subsequent laws and the U.S. Small Business Administration (the “SBA”) and the U.S...more

Front and Center: Latest SVO Grant Numbers (UPDATED)

The SBA is currently reviewing SVO Grant applications and issuing awards. As of July 19, 2021, the SBA had made decisions on 95% of all applications. SVO Grant program reports, which detail the number of applications...more

Paycheck Protection Program – Where Are We Now? An Up-To-Date Guide to the Paycheck Protection Program (UPDATED)

[co-author: Perry Laub] Since the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020, Congress has enacted subsequent laws and the U.S. Small Business Administration (the...more

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