Anthology's Non-Pro Rata DIP
Rollup
Welcome back to Distressed Debt Legal Insights,
Ropes & Gray's new source of timely insights for
professionals navigating the complex world of liability management.
In this edition, we're looking at how Anthology resolved an
objection to its proposed non-pro rata DIP
rollup.
Background
Anthology filed for Chapter 11 on Sept. 29 in the Southern
District of Texas with a restructuring support agreement signed by
87% of first out lenders and 68% of second out lenders.
On Oct. 27, revolving lender Vector Capital filed an objection
to the proposed $100 million priming rollup DIP facility. The
objection asserted that Vector was excluded from being offered any
right to participate in the priming rollup DIP, and such exclusion
violated the pro rata treatment and
non-subordination protections in the governing prepetition credit
agreement.