In a highly-anticipated decision on a long-running bondholder dispute, the US Court of Appeals for the Second Circuit issued its judgment last week in Marblegate Asset Management LLC v Education Management Corp. It concluded that “Section 316(b) [of the US Trust Indenture Act 1939] prohibits only non-consensual amendments to an indenture’s core payment terms”, i.e. the amount of principal and interest owed and the maturity date.

The Rescheduling of Indebtedness of Large Israeli Companies

2013 was the year when repayment obligations finally caught up with some of Israel’s largest corporate borrowers.

In addition to the new legal concepts introduced by Amendment 19, several recent high-profile bankruptcy cases have indicated that Israeli insolvency law generally is in a state of transition.

BNP Paribas – IDB Development Company