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ARTICLE · 06 FEBRUARY 2017

Debt Dialogue: January 2017

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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This issue address handover of records to a substitute collateral manager, the EU bail-in rules, the interplay of Section 3(c)(7) of the Investment Company Act and rights of debtholders as well as other matters.

United StatesFinance and Banking
Kenneth Chin
Kenneth Chin
David J. Fisher
David J. Fisher
John Bessonette
John Bessonette
Fabien Carruzzo
Fabien Carruzzo
Gregory Aaron Horowitz
Gregory Aaron Horowitz
Thomas Moers Mayer
Thomas Moers Mayer
Jamie Kocis
Jamie Kocis
Richard Farley
Richard Farley
Mae Rogers
Mae Rogers
+13 more
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This month's issue of Debt Dialogue address handover of records to a substitute collateral manager (in the Tilton litigation), the EU bail-in rules, the interplay of Section 3(c)(7) of the Investment Company Act and rights of debtholders as well as other matters.

Topics covered in  this issue include:

  • Delaware Court Rules Against Tilton's Patriarch Partners in Dispute Over Records 
    A Delaware judge has ordered Patriarch Partners, the investment adviser founded by Lynn Tilton, to turn over to a successor books and records relating to its role as collateral manager of several CLO funds. The case serves as a useful reminder that even standard successor provisions are worthy of consideration in the heat of negotiation, because their application can be critical.

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