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In Lender-on-Lender Violence, an ‘Uptier’ Financing Bites the Dust, this Time in Houston
Fancy drafting by ‘brilliant financiers and lawyers,’ the judge said, didn’t validate an uptier transaction when the ‘effect’ was to release collateral without a two-thirds vote.
The Client’s Business Judgment Held to Justify a ‘Discretionary’ Fee Award
A district court in New Jersey says that a discretionary fee award is neither a bonus nor an enhancement.
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Fifth Circuit Holds that Equitable Mootness Doesn’t Protect Parties to the Appeal
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
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Fifth Circuit Bans Uptier Financings for Violating the Principle of Ratable Treatment
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
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