Proceeds Letter (July 21 2023)

This form is used to settle a distressed trade where the borrower is a debtor in a case under Chapter 11 of the Bankruptcy Code, the class in which the Loan is placed under the Plan is “impaired” as that term is used in section 1124 of the Bankruptcy Code, the Plan has been confirmed, and the Plan’s effective date has occurred.

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Proceeds-Letter-July-21-2023.docx

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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,…