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Reorg Radio

Covenants: The Proliferation of Serta Simmons' Super-Priority Uptier Exchange (Sept. 29, 2020)

Sep 29, 2020
09:25
Snipd AI
Companies replicating Serta Simmons' super-priority uptier exchange, lenders fighting back, negative impact of term loan purchase, lawsuit by minority lenders, shifting collateral to unrestricted subsidiary, preventing future transactions.
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Podcast summary created with Snipd AI

Quick takeaways

  • Companies are replicating Serta Simmons' super-priority uptier exchange, subordinating minority first lean lenders to super priority lenders.
  • Implementing measures such as requiring all lender consent for amendments and prohibiting open market purchases can prevent similar transactions in the future.

Deep dives

Sertissimens transaction: Subordination of first and second lean lenders

The Sertissimens transaction involves a company, such as Sertiss, approaching a majority of its lenders to amend the first and second lean credit agreements, providing the company with super priority debt capacity. The first and second lean lenders then exchange their existing debt for this super priority debt, effectively subordinating the minority first lean lenders to the super priority lenders. This transaction poses significant harm to the first lean lenders, as they move from a first in line to second or third in line for repayment in case of bankruptcy.

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