This chapter explores the differences in consent thresholds between English law and New York law credit agreements, and discusses the factors that borrowers consider when deciding between the consensual and non-consensual route for amendments. It also introduces non-contractual restructuring tools that allow debtors to amend debt documentation by passing lower consent thresholds.
In the latest instalment in our Covenant Conversations podcast, Shweta Rao and guest Shan Qureshi discuss how consent thresholds, particularly those applicable for inserting a new tranche of super senior debt, are in the spotlight after Serta Simmons, Boardriders and Trimark.
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