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    Ultra Petroleum Bankruptcy Court Again Allows Make-Whole Premiums, Post-Petition Default Interest—At Least For Solvent Debtors
    2021-02-05

    In a much-anticipated decision issued on October 26, the Bankruptcy Court for the Southern District of Texas awarded make-whole premiums[1] and post-petition interest (i.e., interest accruing after the bankruptcy filing) to certain noteholders in the Ultra Petroleum bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, King & Spalding LLP
    Authors:
    Sarah Borders , Jeffrey Dutson , Matthew Warren , Sarah Primrose , Miguel Cadavid
    Location:
    USA
    Firm:
    King & Spalding LLP
    CFIUS, Bankruptcy, Foreclosures, and Debt Restructuring
    2020-09-16

    Foreign Investment Reviews of Distressed Assets

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, King & Spalding LLP, Private equity, Donald Trump, Cybersecurity, Coronavirus, Committee on Foreign Investment in the United States
    Authors:
    Christine Savage , Sarah Borders , Alexis Early , Danielle Pressler
    Location:
    USA
    Firm:
    King & Spalding LLP
    Bankruptcy Court Rules that Dedications Within Gathering Agreements "Run with the Land”
    2020-01-10

    On December 20, 2019, the Bankruptcy Court for the Southern District of Texas in Alta Mesa Holdings, LP v.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, King & Spalding LLP, Debtor, United States bankruptcy court
    Authors:
    Matthew Warren , Thaddeus D. Wilson , Lindsey Henrikson , R. Jacob Jumbeck (Jake)
    Location:
    USA
    Firm:
    King & Spalding LLP
    Rekindling the Flame: Oil & Gas Securitizations
    2019-12-09

    A number of recent structurings of investment-grade rated securitizations of oil and gas wells are sparking conversations in the U.S. upstream oil and gas industry about this relatively new, structured finance product. Although structured finance products are not new to the industry, interest in these products has been rekindled as exploration and production (“E&P”) companies seek alternatives to the more traditional reserve-based loans, equity financing, and bond issuances.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, King & Spalding LLP, Private equity, Due diligence
    Authors:
    Kimberlee Cagle (Kim) , Susan O. Berry , Carol Burke
    Location:
    USA
    Firm:
    King & Spalding LLP
    Third Circuit Rules Intercreditor Agreement Doesn't Apply to Plan Distributions
    2019-08-08

    On June 19, 2019, the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, King & Spalding LLP, Debtor, United States bankruptcy court, U.S. Court of Appeals
    Authors:
    Jeffrey Dutson , Sarah Primrose , Britney Baker
    Location:
    USA
    Firm:
    King & Spalding LLP
    Third Circuit Rules Intercreditor Agreement Doesn't Apply to Plan Distributions
    2019-06-26

    On June 19, 2019, the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, King & Spalding LLP, Debtor
    Authors:
    Jeffrey Dutson , Sarah Primrose , Britney Baker
    Location:
    USA
    Firm:
    King & Spalding LLP
    Fifth Circuit Denies Post-Petition Default Interest to Fully Secured Creditors
    2019-06-18

    On June 14, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion[i] affirming bankruptcy and district court decisions finding that, under the terms of the confirmed chapter 11 bankruptcy plan, the debtor’s lenders were not entitled to receive over thirty million dollars of post-petition default interest even though the lenders were fully secured.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, King & Spalding LLP, Debtor, Supreme Court of the United States
    Authors:
    Jeffrey Dutson , Sarah Primrose , Nadia B. Saleem
    Location:
    USA
    Firm:
    King & Spalding LLP
    New York District Court Finds That Tribune Qualifies as Financial Institution Under Bankruptcy Code Safe Harbor Provision
    2019-05-06

    On April 23, 2019, Judge Cote of the District Court for the SDNY, issued an opinion in In re Tribune Company Fraudulent Conveyance Litigation,[i] finding that the Tribune Company, which employed Computershare Trust Company (“CTC”) to handle payments made to shareholders as part of its leverage buyout (“LBO”), would be considered a “financial institution” as defined in

    Filed under:
    USA, New York, Company & Commercial, Insolvency & Restructuring, Litigation, King & Spalding LLP
    Authors:
    Arthur J. Steinberg , Scott Davidson
    Location:
    USA
    Firm:
    King & Spalding LLP
    First Circuit Finds Chapter 9 Special Revenue Provisions Permit Voluntary Payment, But Do Not Require Them
    2019-04-01

    On March 26, 2019, the First Circuit Court of Appeals, affirming a decision by the District Court emanating out of the Puerto Rico Title III bankruptcy cases, found that Sections 928(a) and 922(d) of the Bankruptcy Code “permit, but do not require, continued payment during the pendency of the bankruptcy proceedings.”[i] The First Circuit found that these provisions pr

    Filed under:
    USA, Insolvency & Restructuring, Litigation, King & Spalding LLP, US Secretary of the Treasury, First Circuit
    Authors:
    Arthur J. Steinberg , Floyd C Newton III , William A Holby (Bill) , Scott Davidson
    Location:
    USA
    Firm:
    King & Spalding LLP
    New York Bankruptcy Court Finds That Aircraft Leases' Liquidated Damages Clauses and Guarantees Are Unenforceable
    2019-02-20

    On February 14, 2019, Judge Lane of the Bankruptcy Court for the SDNY issued an opinion in Republic Airways Holdings Inc. addressing whether the liquidated damages provisions in certain aircraft “true leases” under Article 2A of the New York UCC were enforceable and, if not, whether they would still be enforceable against the debtor-guarantor of the leases.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Real Estate, King & Spalding LLP, Liquidated damages, United States bankruptcy court
    Authors:
    Arthur J. Steinberg , Christopher T. Buchanan , Jason Huff , Scott Davidson
    Location:
    USA
    Firm:
    King & Spalding LLP

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