News & Analysis as of

Banking Sector Leveraged Loans

White & Case LLP

European leveraged finance enters new era

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High interest rates weighed down on deals, precipitating a drop in leveraged loan issuance in 2023. However, there are reasons to be optimistic that deal activity will pick up in 2024 - As our latest leveraged finance...more

White & Case LLP

Subdued macro conditions shelve major loan activity

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Loan issuance across all major jurisdictions saw year-on-year double-digit declines during the first half of 2023, as high inflation and rising interest rates continued to weigh on loan activity The first half of 2023 has...more

White & Case LLP

How CLOs are dealing with a post-SVB world

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Collateralized loan obligations (CLOs)—investment structures that buy up leveraged loans and debt securities, package them into tranches with varying levels of risk and return, and sell them to investors—had minimal direct...more

White & Case LLP

Macro headwinds dampen loan activity

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Stubborn inflation, ongoing interest rate hikes and the banking crisis in the US and Europe have slowed activity across global loan markets at the start of the year, but there are signs that loan issuance may start rebounding...more

Goodwin

Debt Download - February 2023

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Welcome to Goodwin's Debt Download, our monthly newsletter covering what you need to know in the leveraged finance market. We hope you’re staying warm during the winter doldrums....more

Latham & Watkins LLP

Could PE Benefit From the Universal Adoption of “Super Senior” RCFs in Leveraged Financings?

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Undrawn credit lines are essential to private equity but in short supply from banks. Undrawn revolving credit facilities (RCFs) are essential to private equity. They are a backup in the event of mismatches in the working...more

Akin Gump Strauss Hauer & Feld LLP

Exploring European Bonds, Loans and Covenants

Akin Gump London-based financial restructuring partner Liz Osborne and finance partners Amy Kennedy and Stephen Peppiatt discuss European bonds, loans and the various flavors of covenants in the current liquidity constrained...more

White & Case LLP

Ten years on: The surprising resilience of European leveraged finance: The market pauses for breath in 2018

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• In Europe, leveraged loan issuance is down 28 per cent year-on-year to €202.5 billion in 2018, but is up on all years between 2014 and 2016 • High yield bond issuance is down 37 per cent year-on-year • Leveraged loans...more

Latham & Watkins LLP

The Growth of European Covenant Lite

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In 2016, global sponsors and their advisers were successful in continuing to export their experiences from financing transactions in the US leveraged loan and global bond markets to the European leveraged loan market and this...more

Kramer Levin Naftalis & Frankel LLP

Comptroller of the Currency Announces That OCC Will Not Enforce Leveraged Lending Guidance

On Feb. 27, 2018, Joseph Otting, the comptroller of the Currency, the principal regulator of all national banks, speaking at a conference hosted by the Structured Finance Industry Group in Las Vegas, NV, announced that the...more

Ballard Spahr LLP

CFPB indirect auto finance bulletin determined to be a “rule” subject to Congressional review

Ballard Spahr LLP on

Congress may have now have the opportunity to disapprove by a simple majority vote the CFPB’s disparate impact theory of assignee liability for so-called dealer “markup” disparities as a result of a determination by the...more

Hogan Lovells

Catch a fish by its tail: has Senator Pat Toomey hooked the U.S. Leveraged Loans Guidance?

Hogan Lovells on

What has the U.S. Fish and Wildlife Service got in common with the U.S. banking agencies [1]? Simple: the U.S. Government Accountability Office (the "GAO"), which investigates financial matters on behalf of Congress, has...more

A&O Shearman

The U.S. Government Accountability Office Determines That 2013 Leveraged Lending Guidance Is a Rule

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On October 19, 2017, the United States Government Accountability Office (GAO) issued an opinion determining that the 2013 Interagency Guidance on Leveraged Lending (the “2013 Guidance”), issued jointly by the Office of the...more

Kramer Levin Naftalis & Frankel LLP

GAO Agrees to Decide the Legality of the Leveraged Lending Guidance; Indicates Decision Will Take “at Least a Few Months”

On May 23, the Government Accountability Office (GAO), in a letter to Senator Patrick Toomey, R-Pa., agreed to determine whether the Guidance on Leveraged Lending jointly issued in 2013 by the Board of the Governors of the...more

A&O Shearman

ECB Publishes Final Guidance on Leveraged Transactions— What This Means for Banks

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After a period of public consultation, the European Central Bank (the “ECB”) published its final Guidance on Leveraged Transactions (the “Guidance”) on 16 May 2017. Twenty-four organisations (comprising credit institutions...more

Kramer Levin Naftalis & Frankel LLP

Legality of the Leveraged Lending Guidance is Questioned

On March 31, Senator Patrick Toomey (R-Pa.) sent a letter to the Government Accountability Office (GAO) requesting that the GAO determine whether the Guidance on Leveraged Lending jointly issued in 2013 by the Board of...more

Latham & Watkins LLP

U.S.-Style Leveraged Lending Guidance Comes to Europe

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On 23 November 2016, the European Central Bank (ECB) published its draft guidance to banks on leveraged lending, launching a public consultation period that runs until 27 January 2017. The draft guidance is very similar to...more

Cadwalader, Wickersham & Taft LLP

The European Central Bank Publishes Draft Guidance on Leveraged Transactions

ECB Consultation Paper - On 23 November 2016, the European Central Bank (the “ECB”) launched a public consultation in relation to draft guidance for Eurozone banks intended to develop clear and consistent definitions,...more

Latham & Watkins LLP

The Continued Migration of US Covenant-Lite Structures into the European Leveraged Loan Market

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At the start of 2016, global sponsors and their advisers are the US leveraged loan and global bond markets to the European leveraged loan market. Healthy investor appetite over the last several years means attractive terms...more

Latham & Watkins LLP

The Liquidity Crunch Spurs Creative PE Deal Financing in the US

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Since the 2008 financial crisis, the US Federal Reserve and other central banks in Europe have pumped trillions of dollars into the financial markets. Notwithstanding the amounts injected, a liquidity crunch in 2016 is...more

Orrick - Finance 20/20

Preparing for Potential Inquiries into Designated Lender Counsel in PE Sponsored Syndicated Loans

Orrick - Finance 20/20 on

Recent media reports have expressed alarm at the use of “designated lender counsel” in private equity-sponsored leveraged loan transactions. The phrase refers to the practice of a private equity firm instructing the...more

Katten Muchin Rosenman LLP

FDIC Issues Advisory on Effective Risk Management Practices for Purchased Loans and Purchased Loan Participations

The Federal Deposit Insurance Corporation (FDIC) on November 6 issued an Advisory to update information contained in the FDIC Advisory on Effective Credit Risk Management Practices for Purchased Loan Participations...more

Latham & Watkins LLP

New Opportunities in Cross-Border Special Situations Lending

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Recent changes in cross-border leveraged loan documentation requirements open up new possibilities for both borrowers and lenders. Cross-border leveraged loan documentation has become increasingly permissive with respect...more

Dechert LLP

CLOs Under the Volcker Rule: New Exemptions, New Issues, New Obligations

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Under the final version of the Volcker Rule issued this week, issuers and sponsors of new CLO issuances should consider structuring CLOs to conform to the exclusions contained in the rule, and banks and bank affiliates that...more

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