After a sluggish year in 2020 for mergers and acquisitions among hospitals and health systems, 2021 has shown renewed vigor and is poised for considerable transactional activity.
USA, Competition & Antitrust, Corporate Finance/M&A, Healthcare & Life Sciences, Insolvency & Restructuring, Morgan, Lewis & Bockius LLP, Medicare, Medicaid, Supply chain, Telemedicine, Coronavirus, Personal protective equipment, Paycheck Protection Program, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), US Department of Justice, Affordable Care Act 2010 (USA), CARES Act 2020 (USA)
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.
European Union, USA, Capital Markets, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Consideration, Second Circuit