Model Credit Agreement Provisions (MCAPs) (May 1 2023)

This form includes select provisions of a New York law-governed credit agreement (eg, tax, yield protection, agency, assignment, defaulting lender, and disqualified institution provisions, etc.) and is suitable primarily for leveraged finance transactions. The blackline, against the document dated May 4, 2022, is attached below as well (it will open as a zip file where both files are located).

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Model-Credit-Agreement-Provisions-MCAPs-May-1-2023.docxBlackline_Model-Credit-Agreement-Provisions-050422vs050123.pdf

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The Kirschner Case: This is the End

The Supreme Court denied Kirschner's petition for certiorari, finally ending the case. As LSTA's Elliot Ganz explains, this cements that syndicated loans are not securities,…