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    Congress Passes $2.2 Trillion COVID-19 Stimulus Bill
    2020-03-27

    On Friday, March 27, 2020, the U.S. House of Representatives voted to approve the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) submitted by the Senate and President Trump just signed the bill. The bill provides for $2.2 trillion in emergency aid to ease the financial impact of the COVID-19 crisis.

    Filed under:
    USA, Aviation, Banking, Energy & Natural Resources, Healthcare & Life Sciences, Insolvency & Restructuring, Leisure & Tourism, Private Client & Offshore Services, Public, Tax, White & Case LLP, Private equity, Donald Trump, Coronavirus, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Tax Cuts and Jobs Act 2017 (USA), CARES Act 2020 (USA), US Senate, US House of Representatives
    Authors:
    J. Mark Gidley
    Location:
    USA
    Firm:
    White & Case LLP
    Liquidity and refinancing
    2020-01-15

    Despite the sector's current strong performance, many survey respondents believe the industry needs even more capital and liquidity. In addition, most expect restructurings and insolvencies to increase in 2020

    The robust funding environment and expectations of increased investment reflect the aviation industry's strong aggregate performance. In large parts of the sector, both liquidity and capital remain unconstrained, not least in an era of historically low financing costs.

    Filed under:
    Global, Aviation, Insolvency & Restructuring, White & Case LLP, Brexit, Private equity
    Location:
    Global
    Firm:
    White & Case LLP
    Restructuring the next wave of cov-lite debt
    2019-07-11

    With cov-lite financings at record highs, debt holders will need to be proactive in maximising recoveries

    Will the last person leaving please turn out the lites?

    Cov-lite loans can leave lenders with limited restructuring options, but creative lenders will still find ways to bring debtors to the table, partners Ian Wallace and Christian Pilkington of global law firm White & Case LLP explain

    Filed under:
    European Union, United Kingdom, USA, Banking, Insolvency & Restructuring, Securitization & Structured Finance, White & Case LLP, Debtor, Private equity
    Location:
    European Union, United Kingdom, USA
    Firm:
    White & Case LLP
    Hahnemann University Hospital: Healthcare Bankruptcy Highlights the Tension When Private Equity Collides with the Public Interest
    2019-08-27

    A “little bit of a crisis” was averted last week in the Chapter 11 bankruptcy case of St. Christopher’s Hospital for Children, a Philadelphia-area hospital with ties to Hahnemann University Hospital, which is also a Chapter 11 debtor.[1] On Tuesday, Delaware bankruptcy judge Kevin Gross said he could not approve a $65 million DIP loan requested by St.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Patterson Belknap Webb & Tyler LLP, Debtor, Private equity
    Authors:
    Brian P. Guiney
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    COVID-19 Update: SBA Paycheck Protection Loan Program and Additional Financial Assistance Programs
    2020-03-27

    On March 27, the president signed into law Phase 3 of the federal stimulus program, called the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act. Title I of the act, titled the Keeping American Workers Paid and Employed Act (KAWPEA), directs, among other amounts, $349 billion to small businesses as part of an expansion of the U.S. Small Business Administration’s (SBA) Section 7(a) loan program under a new paycheck protection loan program (PPP) as well as $10 billion through an expansion to the SBA’s Section 7(b) economic injury disaster loan (EIDL) program.

    Filed under:
    USA, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, General contractor, Private equity, Coronavirus, Families First Coronavirus Response Act 2020 (USA), CARES Act 2020 (USA), Small Business Administration (USA)
    Authors:
    Adam C. Rogoff
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Business Restructuring
    2020-03-16
  • Prior to the COVID-19 outbreak, we were seeing an increase in business restructurings and distressed transactions (whether going-concern sales or liquidations). Certain industries (e.g., retail and pharmaceuticals) were harder hit.
  • However, the pandemic and the resultant market turmoil will not be confined to any one industry (although some — airlines, hotels, cruises, sporting and entertainment, shipping, manufacturing reliant on foreign parts and, of course, retail — may be hit harder). Energy, oil and gas are suffering additional disruptions.
  • Filed under:
    USA, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, Private equity, Coronavirus
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    ILPA Releases Guidance on General Partner-Led Secondary Fund Restructurings
    2019-06-03

    In response to the increasing prevalence of general partner (GP)-led secondary fund restructurings, the Institutional Limited Partners Association (ILPA) has released guidance regarding this practice. The purpose of this guidance is to promote transparency and efficiency in the secondary process.

    The ILPA has defined these restructurings as transactions that offer one of the following:

    Filed under:
    USA, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, Employee Retirement Income Security Act 1974 (USA), Private equity, Limited partnership, Due diligence, Investment funds
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Commercial leases in the COVID-19 pandemic
    2021-03-15

    The COVID-19 pandemic in Germany is significantly affecting commercial landlords and tenants. The German legislator has taken various measures to mitigate the consequences of officially ordered business closures during lockdown and other pandemic-related adverse effects. 

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Real Estate, Tax, Freshfields Bruckhaus Deringer LLP, Private equity, Coronavirus, Commercial tenant, Federal Court of Justice
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Experiencing Distress: M&A Opportunities and Challenges in the COVID Era
    2020-09-01

    Following the global implementation of stay-at-home orders in response to the novel coronavirus, businesses suffered unprecedented declines in demand. As the United States struggles to reign in the contagion, a number of household names – from Chuck E. Cheese to J.C. Penney – have filed for bankruptcy. Logically, distressed M&A transactions should rise as corporations struggle under historic levels of debt, but who is poised to take advantage of a boom in distressed M&A, what are the new realities of distressed M&A and how will these transactions proceed?

    Filed under:
    Global, USA, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Private equity, Due diligence, Coronavirus, Committee on Foreign Investment in the United States
    Location:
    Global, USA
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Not All Commitments Are Treated Equal
    2020-01-31

    In recent weeks, a number of transactions have come across our desks involving levered feeders set up as an investment vehicle for insurance-related investors. For regulatory reasons, these vehicles are established such that each such investor’s commitment is comprised of both a loan commitment (the “Debt Commitment”) and an equity commitment (the “Equity Commitment”). This structure presents a challenge for lenders trying to balance the requested borrowing base treatment for investor commitments of this type against the potential bankruptcy implications that this structure poses.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Private equity, Investment funds
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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