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
CIT Group Inc.
USA, New York, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Bankruptcy, Security (finance), Board of directors, Debt, Stock exchange, Preferred stock, New York Stock Exchange, Small Business Administration (USA), Chief executive officer, United States bankruptcy court
CIT Group Inc.
USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debt, Voting, Solicitation, Election, Brokerage firm
Yesterday, Daniel K. Tarullo, a governor of the Federal Reserve System, continued his vigorous speaking schedule with a speech at the Institute of International Bankers Conference on Cross-Border Insolvency Issues in New York.
USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Advance healthcare directive, Federal Reserve (USA), US House Committee on Financial Services