Those seeking to purchase assets or a business out of a Chapter 11 case employing a “loan to own” strategy may well have received a boost from a recent decision of the U.S. Court of Appeals for the Ninth Circuit....more
2/13/2019
/ Acquisition Finance ,
Appeals ,
Asset Purchaser ,
Bad Faith ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Dual Class Share Structures ,
Global Market ,
Majority Voting Policies ,
Mortgage Lenders ,
Private Equity ,
Reaffirmation ,
Reorganizations ,
Reversal ,
Split of Authority
Two recent court decisions may result in a broadening of the range of options available to an equity sponsor in respect of an insolvent portfolio company. The first decision may provide increased flexibility in structuring...more
1/18/2016
/ Absolute Priority Rule ,
Acquisition Finance ,
Board of Directors ,
Breach of Duty ,
Business Judgment Rule ,
Chapter 11 ,
Creditors ,
Debtors ,
Fiduciary Duty ,
Insolvency ,
Portfolio Companies ,
Private Equity
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