Do negative consent mechanisms create litigation risk?

In this episode of Jane’s LME Addiction, our head of LME coverage Jane Komsky brings in Davis Polk partners Brian Resnick and Hilary Dengel to discuss voting cap and lender concentration cap language in credit agreements and how they may affect creditor organization and liability management exercises. They discuss the goals of these provisions, whether these provisions are “anti-co-op”, and whether they are more effective than DQ lists for sponsors trying to decide who buys into their debt.

Find all our coverage on concentration caps, voting caps, and DQ lists at 9fin.com.

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