Share on LinkedInShare on LinkedIn

ARTICLE · 03 MARCH 2006

Intercreditor Issues in Complex Financings of Joint Ventures

Chadbourne & Parke LLP
Explore more from Chadbourne & Parke LLP

Intercreditor arrangements have always been a feature of secured lending and structured finance, but the relationships and accommodations among lenders have become more important with the growing diversity of capital providers.

United StatesAccounting and Audit
Denis Petkovic
Denis Petkovic

Intercreditor arrangements have always been a feature of secured lending and structured finance, but the relationships and accommodations among lenders have become more important with the growing diversity of capital providers.

There has been an explosive growth in the project finance market in hedge fund activity as these funds partici- pate as lenders under a "second lien financing" or "term B loan." Both terms describe financings that are essentially secured junior debt. Emerging market funds, distressed debt funds and other non-bank financial intermediaries have also been stepping in to provide different layers of capital to projects. The upshot of this is an increasing concern in project documents about investor exit, capital and debt layering and intercreditor terms.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

SEC Staff Statement On Fair Value Measurement And Disclosure Considerations For Private Assets

The SEC Staff has issued new guidance addressing fair value measurement and disclosure practices for private credit and other illiquid assets held by registered funds and business development companies. As private credit portfolios have grown nearly 60% since 2020, reaching $270 billion, regulators emphasize the critical importance of robust valuation methodologies, transparent disclosure of significant judgments, and careful application of accounting standards when market prices are unavailable.
United StatesAccounting and Audit
Mayer Brown
Mayer Brown
Article

CAS Board Raises Contract Thresholds To $35 Million And Eliminates CAS 407: What Federal Contractors Need To Know As DoW Demands Cost And Pricing Transparency

The CAS Board has raised contract thresholds to $35 million and eliminated CAS 407, fundamentally changing cost accounting requirements for federal contractors. At the same time, the Department of War is demanding unprecedented cost and pricing transparency through new memoranda requiring actual cost information for negotiations valued at $10 million or more, creating a complex landscape where contractors face fewer formal CAS requirements but heightened scrutiny of their pricing data.
United StatesAccounting and Audit
Bass, Berry & Sims PLC
Bass, Berry & Sims PLC
Article

2026 GAAP Changes: What Your Finance Team Should Address Before Year-End

Finance teams face critical implementation challenges as new GAAP amendments take effect for 2026, requiring immediate attention to accounting policies, documentation standards, and system readiness. Are your financial reporting processes prepared to handle expanded disclosure requirements, CECL practical expedients, and internal-use software accounting changes before year-end audit fieldwork begins?
United StatesAccounting and Audit
MGO CPA LLP
MGO CPA LLP
Article

SEC Announces Dedicated Financial Reporting And Accounting Unit Within Enforcement Division: Implications For Audit Committees, Boards And Public Companies

The SEC has established a new Financial Reporting and Accounting Unit within its Division of Enforcement, consolidating nationwide resources to investigate public company accounting and financial reporting issues. This organizational shift signals heightened scrutiny of complex accounting matters, non-GAAP measures, and disclosure practices.
United StatesAccounting and Audit
Skadden Arps Slate Meagher & Flom
Skadden Arps Slate Meagher & Flom
Article

How OIG Used Data Analytics And Extrapolation In A $12.4 Million Hospital Audit

An HHS Office of Inspector General audit of Methodist Hospital in San Antonio reveals how a review of just 100 claims led to a $12.4 million overpayment recommendation through statistical extrapolation. The audit targeted specific high-risk billing areas including Inpatient Rehabilitation Facility claims, certain diagnosis-related groups, and outpatient billing patterns, uncovering documentation and coding compliance issues that hospital leadership should examine within their own Medicare claims.
United StatesAccounting and Audit
Butler Snow LLP
Butler Snow LLP