Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Jason Ulezalka
Cooperation Agreements Help Distressed Lenders Negotiate as One | JD Supra
Read the full Bloomberg Law article or view it below. Cooperation agreements are a new tool for distressed debtholders seeking to negotiate from a position of unity and strength. These agreements can also help debtholders defend themselves against a growing opportunistic strategy known as a liability management exercise. LMEs let borrowers gain additional liquidity by restructuring funded debt — to the detriment of a subset of the borrower’s existing debtholders.
Cooperation Agreements Help Distressed Lenders Negotiate as One
Cooperation agreements are a new tool for distressed debtholders seeking to negotiate from a position of unity and strength. These agreements can also help debtholders defend themselves against a growing opportunistic strategy known as a liability management exercise. LMEs let borrowers gain additional liquidity by restructuring funded debt — to the detriment of a subset of the borrower’s existing debtholders.
The Double Dip: Guacamole Faux Pas or Liability Management Technique? | JD Supra
Jerry Seinfeld and Larry David taught us that you can’t double dip a chip—“it’s like putting your whole mouth right in the dip.”[1] However, the credit markets have recently been focused on a different type of double dip, one that is being increasingly considered as a legitimate “liability management” tool to improve a borrower’s liquidity.
Are Term Loan Notes Securities? Court Confirms Longstanding Market View They Are Not | JD Supra
Introduction On August 24, 2023, the United States Circuit Court of Appeals for the Second Circuit (the “Second Circuit”) decided Kirschner v. JP Morgan Chase Bank, N.A.,[1] addressing the issue of whether notes issued as part of a syndicated loan transaction are “securities” under state securities laws. This case represented a challenge to the longstanding market view that loans are not securities.
All for One? Debt Co-Investors Need Not Behave as Musketeers | JD Supra
On July 6, 2022, the US Bankruptcy Court for the District of Delaware delivered an opinion recognizing the effectiveness of an “uptiering” transaction—whereby a subset of an issuer’s existing noteholders are issued new notes enjoying a higher priority than that afforded to existing noteholders.
Not Cool, Dude: Surf and Skate Company Primes Lenders with “Uptiering” Transaction | JD Supra
On October 9, 2020, a group of first lien lenders filed a lawsuit in the New York Supreme Court against Boardriders, Inc., a California-based surfing and skateboarding apparel company and its equity sponsor, challenging a series of transactions that effectively subordinated the aggrieved lenders to $431 million in new super-priority debt.
Enter Sandman: Serta Sends Senior Lenders Off to Never-Never Land | JD Supra
Serta Simmons Bedding, LLC (“Serta”) offers one of the latest examples of a creative borrower utilizing flexibility in its credit agreement terms to access new liquidity at the expense of its existing senior lenders. Serta is one of the largest manufacturers and distributors of mattresses in North America.
Credit Markets Seek to Limit the Influence of Net Short Lenders | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
LP Divisions and Registered Series LLCs and LPs: Upcoming Amendments to Delaware Statutes | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
When Chapter 11 Plan Distributions are not Collateral: Enforcing Intercreditor Waterfall Provisions in Bankruptcy | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The Covenant Loophole That Wasn’t: SDNY Derides Windstream’s Structuring Efforts as “Too Cute by Half” | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Neiman Marcus Capitalizes on Weak Covenant Package to Transfer Valuable Assets Beyond the Reach of Certain Creditors | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
ARRC Publishes Guiding Principles for LIBOR Fallback Language | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Market Update: The Transition from LIBOR to SOFR | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Jason
Contact Jason, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack