This memorandum analyzes whether tokens or other similar digital assets (“Tokens”) representing interests in syndicated term loans as currently formed and traded would be considered “securities” for purposes of the definitions contained in the Securities Act of 1933 (“Securities Act”) and the Securities Exchange Act of 1934 (“Exchange Act,” and together with the Securities Act...
Are broadly syndicated term loans securities for the purposes of federal and state securities laws? That critical question, which has been percolating around the loan market for decades, is the subject of an amicus brief that the LSTA recently filed in a federal district court in New York. The LSTA argues that they are not...
