LEGAL ANALYSIS: Unitranche financing’s streamlined structure raises in-court restructuring concerns

22 December 2016

Debtwire Legal Analyst Richard Goldman today published a special report examining unitranche financing and the potential pitfalls that unitranche lenders may face in the event that borrowers commence in-court restructuring proceedings or seek to sell assets pursuant to Bankruptcy Code section 363.  In the special report, Richard analyzes key elements that distinguish unitranche financing from more traditional two-tier financing, the material terms often incorporated in an Agreement Among Lenders (AAL), the legal bases supporting unitranche lending’s uncertain treatment in bankruptcy, and implications resulting from Delaware Bankruptcy Court Judge Brendan Shannon’s consideration of an AAL dispute during RadioShack’s Chapter 11 cases.

 

CLICK HERE for the Special Report.