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Reorg Radio

Covenants: Serta Simmons Takeaways & Other Possible Loopholes with Elizabeth Tabas (Aug. 4, 2020)

Aug 4, 2020
27:38
Snipd AI
Reed Smith leveraged finance and special situations partner, Elizabeth Tabas, discusses SIRDA case, importance of specific provisions for subordination and pro-rata sharing, interpreting contracts under New York vs. English law, negotiating power shift during economic crisis, and analyzing length and construction clauses in agreements.
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Podcast summary created with Snipd AI

Quick takeaways

  • Courts prioritize the plain meaning of contract language and specific rights should be explicitly stated.
  • Investors should understand the terms and nuances of pro-rata sharing provisions in contracts.

Deep dives

Interpreting contractual provisions and the significance of plain meaning

The podcast delves into the importance of interpreting contractual provisions in the context of complex credit solutions. It emphasizes that courts, particularly in New York and the US, prioritize the plain meaning of contract language rather than inferred or desired intentions. The discussion highlights the need for clarity in contract drafting and reinforces the notion that specific rights should be explicitly stated, as courts are unlikely to read in protections that are not clearly defined within the contract.

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