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Searching Content by David J. Fisher from Kramer Levin Naftalis & Frankel LLP ordered by Published Date Descending.
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1
SEC Proposes To Modernize Disclosures Of Business, Legal Proceedings And Risk Factors Under Regulation S-K
As reported in a press release issued by the Securities and Exchange Comission (the SEC) on Aug. 8, 2019, the SEC voted to propose amendments to modernize Regulation S-K disclosures.
United States
13 Aug 2019
2
SEC Issues Statement On LIBOR Transition
On July 12, the staffs of the Division of Corporation Finance, Division of Investment Management, Division of Trading and Markets, and Office of the Chief Accountant of the Securities and Exchange Commission issued a statement.
United States
22 Jul 2019
3
New Provisions Included In Credit Agreement To Sanitize The Vote Of Net Short Lenders
In response to the increasingly aggressive activism by holders of net short positions that are in debt by way of credit default swaps, the leveraged loan market has responded ...
United States
6 Jun 2019
4
Federal Reserve Board Chairman Powell Finds That Leveraged Lending Presents No Notable Risks To Financial Stability
Federal Reserve Board of Governors Chairman Jerome H. Powell, in remarks made yesterday in Amelia Island, Florida, at the 24th Annual Financial Markets Conference ...
United States
5 Jun 2019
5
How The SEC's Proposed Amendments To Financial Disclosures For Acquisitions Will Affect High-Yield Bond Offerings
On May 3, the Securities and Exchange Commission (the SEC) proposed amendments to its rules governing financial disclosures relating to acquisitions and dispositions of businesses.
United States
30 May 2019
6
SEC Proposes Amendments To Accelerated Filer And Large Accelerated Filer Definitions
On May 9, 2019, the SEC proposed amendments to the accelerated filer and large accelerated filer definitions under the Exchange Act.
United States
30 May 2019
7
Fed Concludes That Banks Have Improved Management Of Leveraged Lending Risks Even As Noninvestment-Grade Debt Has Grown
On May 6, 2019, the Board of Governors of the Federal Reserve System (the Board) published its annual Financial Stability Report.
United States
23 May 2019
8
IMF Finds Leveraged Lending An Area Of Concern, But Risks Are Mitigated
On April 10, 2019, the International Monetary Fund (IMF) held a press conference to discuss its semiannual Global Financial Stability Report (the GFSR)
United States
9 May 2019
9
Ranking Member Of Senate Finance Committee Demands FSOC Address Risk In Leveraged Loan Market
In an April 11 letter to Treasury Secretary Mnuchin, in his capacity as chair of the Financial Stability Oversight Council (FSOC), U.S. Sen. Sherrod Brown (D-Ohio), the ranking member of the U.S.
United States
30 Apr 2019
10
SEC Settlement In The Curt Schilling 38 Studios Matter Highlights The Section 17(a)(2) Liability Of Initial Purchasers In Rule 144A High Yield Offerings
On March 20, 2019, an agreement between Wells Fargo Securities LLC (Wells Fargo) and the Securities and Exchange Commission (SEC) to settle litigation involving failed video game company 38 Studios, LLC.
United States
9 Apr 2019
11
SEC Adopts Amendments To Implement Fast Act Disclosure Modernization And Simplification
On March 20, 2019, the Securities and Exchange Commission (the SEC) voted to adopt amendments to modernize and simplify disclosure requirements for public companies, investment advisers and investment companies.
United States
4 Apr 2019
12
Federal Reserve Chairman Powell Testifies That Leveraged Lending Does Not Pose A Systemic Risk To Banks
On Feb. 27, 2019, Federal Reserve Chairman Jerome Powell, during testimony before the House Financial Services Committee, was asked by Representative Gregory Meeks
United States
11 Mar 2019
13
Agencies Formally Confirm Lessened Consequences For Noncompliance With Leveraged Lending Guidance
On Sept. 11, 2018, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corp.,
United States
17 Sep 2018
14
The New Delaware LLC "Divisive Merger" Provision – A Potentially Dangerous Loophole Under Debt Covenants
Effective August 1, 2018, the Delaware Limited Liability Company Act (the Delaware LLC Act) allows a Delaware limited liability company (an LLC) ...
United States
29 Aug 2018
15
SEC Approves NYSE Rule Changes On Listing Without An IPO
The Securities and Exchange Commission (SEC) has approved a proposal by the New York Stock Exchange (NYSE) to facilitate listing on the NYSE without a prior underwritten public offering.
United States
23 Feb 2018
16
Debt Dialogue: July 2017
This month's issue of Debt Dialogue addresses recent developments and recurring issues that debt-focused investors commonly encounter in connection with enforcement of rights...
United States
1 Aug 2017
17
Debt Dialogue: January 2017
This issue address handover of records to a substitute collateral manager, the EU bail-in rules, the interplay of Section 3(c)(7) of the Investment Company Act and rights of debtholders as well as other matters.
United States
6 Feb 2017
18
Second Circuit Overturns Southern District In Marblegate
On Jan. 17, the U.S. Court of Appeals for the Second Circuit vacated the decision of the District Court for the Southern District of New York in Marblegate Asset Management, LLC v. Education Management Finance Corp., finding that Section 316(b) of the Trust Indenture Act (TIA) "prohibits only non-consensual amendments to an indenture's core payment terms."
United States
1 Feb 2017
19
Curing Ambiguities And Defects Without Noteholder Vote: Not So Fast
A recent decision in New York State Appellate Court demonstrates what can go wrong when an issuer attempts to correct what it asserts to be an ambiguity or defect in an indenture without a noteholder vote.
United States
10 Oct 2016
20
Proposed Brokaw Act Would Affect Change-Of-Control Triggers In Indentures
Change-of-control provisions in high-yield indentures typically define beneficial ownership by reference to Rule 13d-3, promulgated under Section 13(d) of the Securities Exchange Act of 1934 (the "Exchange Act").
United States
26 Sep 2016
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