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ARTICLE · 09 JULY 2015

Distressed And Par Trade Investments – A Case Study

Fieldfisher
Fieldfisher
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Fieldfisher

Fieldfisher

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There are clear differences between the New York and English markets as to what is acceptable or not acceptable when negotiating these clauses at loan origination stage.

United KingdomFinance and Banking

Fieldfisher recently held a joint seminar with New York law firm Kramer Levin Natfalsis & Frankel LLP, which focused on a case study on the life cycle of a synthetic distressed Investment, comparing and contrasting the different issues and approaches we have seen on real transactions under both English and New York law.  The talk focused both on the transfer of loan interests and related hedging agreements.

From a banking perspective, a number of interesting points were drawn from the discussions, of interest both to readers involved in the secondary debt markets, as well as those involved in loan origination, structuring and negotiation of loan documentation:

Transfer Provisions

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