This chapter discusses the erosion of lender protections in credit agreements, highlighting trends such as the expansion of debt and dividend baskets, and the introduction of new aggressive terms. It explores provisions in credit agreements that impact the voting rights of lenders, including a provision that allows borrowers to ignore loans of non-responsive lenders. The chapter also examines the concept of Most Favored Nations (M.F.N.) protections and how they have been eroded over time.
Featured this week: Purdue, PBF Energy, SmileDirectClub and Puerto Rico.
And deep dive, Peter Washkowitz and Julian Bulaon, from our America’s Covenants team, join David Zubkis to discuss the continuing erosion of lender protections in credit agreements including voting protections, most-favored-nation rights, IP transfer prohibitions and restrictions on raising structurally senior debt.
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