It has been a turbulent time for loan markets participants, from the dramatic increase in debt or default activism observed in 2018 and 2019, to the so-called “creditor on creditor violence” that came to prominence in a number of cases in 2020 and 2021. At the heart of these disputes are the contractual provisions in loan documentation, some of which have evolved rapidly in response to recent cases. In this webcast we discussed the decision in Trimark, and did a deep dive on several emerging provisions in credit documentation which, appear designed to limit or delay lender remedies:

  • Time limitations on exercising remedies
  • Event of default cure provisions
  • Tolling of event of default grace periods
  • Supercharged collective action provisions
  • “Net Short Lender” provisions
  • The most recent Trimark decision

EVENT DETAILS

Wednesday, October 13, 2021
4PM to 5:15PM (ET) | Virtual Webcast Only
Presentation and Replay | Now Available | Scroll Down to View
1.5 NYS CLE Credit Will Be Issued

SPEAKERS

  • Linda Filardi, Senior Director and Associate General Counsel, Capital One Bank
  • Jason Kyrwood, Partner, Davis Polk & Wardwell LLP
  • Brian Resnick, Partner, Restructuring Group, Davis Polk & Wardwell LLP
  • Kenneth J. Steinberg, Partner, Davis Polk & Wardwell LLP
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