Release provisions
The scope of the powers afforded to the security agent by the so called “release provisions” found in many intercreditor agreements employed in LBO deals has come under scrutiny recently. A number of restructurings have relied upon using the security agent’s powers to implement a restructuring and many others will have at least considered using them.
United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Share (finance), Debtor, Consent, Liability (financial accounting), Holding company, Court of Appeal of England & Wales