In an effort to improve market efficiency and to speed settlement, the Loan Syndications and Trading Association (the “LSTA”) has amended its trading documents in order to address concerns that market participants are increasingly failing to make timely payment of the “Purchase Price” with respect to their bank loan trade settlements. Although typically only one or two days late, some delays have been substantially longer, and such failures can understandably prove to be quite costly to loan sellers and disruptive to the market as a whole. The amendments introduce language into the LSTA Standard Terms and Conditions for its suite of trade confirmations (the “Standard Terms”) that requires tardy loan buyers to pay a “Late Payment Fee.” *
Continue Reading LSTA Introduces Late Payment Fees for Loan Trade Transactions
LSTA Proposes Introduction of Late Payment Fees in Loan Trade Transactions
In an effort to improve market efficiency and to speed settlement, the Loan Syndications and Trading Association (the “LSTA”) is proposing amendments to its trading documents in order to address concerns that market participants are increasingly failing to make timely payment of the “Purchase Price” with respect to their bank loan trade settlements. Although typically only one or two days late, such failures, on a large scale, can prove to be quite costly to loan sellers and disruptive to the market as a whole. The proposal would introduce language into the LSTA Standard Terms and Conditions for its suite of trade confirmations (the “Standard Terms”) that would require tardy loan buyers to pay a “Late Payment Fee.”
Continue Reading LSTA Proposes Introduction of Late Payment Fees in Loan Trade TransactionsPlan Support Covenants Survive Attack in Aeromexico’s Bankruptcy Proceeding
Earlier this year, Mexican airline, Grupo Aeromexico, S.A.B. de C.V. (together with its affiliates, the “Debtors”) announced that their creditor body had overwhelmingly voted to approve their proposed Chapter 11 restructuring plan (the “Plan”) save for one class of unsecured creditor claims that voted to reject the Plan. Those claims were held by Invictus Global Management, LLC (“Invictus”), a distressed investment fund that recently purchased the claims subject to a “plan support provision” which purportedly compelled the claimholder to support the Debtors’ Plan. Invictus nonetheless voted against the Plan which threatened to hold-up confirmation and force an expensive trial relating to whether the Debtors are able to satisfy the “cram-down” provisions of the Bankruptcy Code.[1]
Continue Reading Plan Support Covenants Survive Attack in Aeromexico’s Bankruptcy Proceeding