Commentary

Private Debt: Search for Transparency (Fourth of a Series)

Last week in our special series on visibility in direct lending, we touched on the element of risk/reward. This week we examine relative credit losses and liquidity of the asset class. The issue of private credit losses cuts to the heart of transparency. Since middle market borrowers are generally smaller, private, and unrated, and their

Private Debt: Search for Transparency (Third of a Series)

Coney Island was the scene last Thursday of Nathan’s Annual July Fourth hot dog eating contest. For the 12th time in 13 years the men’s champion was Joey “Jaws” Chestnut. He downed 71 franks and buns – not his personal best, but far ahead of the second-place finisher (50). The top woman, Miki Sudo (31),

Private Debt: Search for Transparency (Second of a Series)

With the July 4th holiday weekend looming, readers of last week’s column on shark tracking have asked how they can keep informed of Cabot’s progress. That particular denizen of the deep was last heard from about two weeks ago off the coast of Bar Harbor, Maine. You can follow him at ocearch.org (https://www.ocearch.org/tracker/?details=312). We continue

Private Debt: Search for Transparency (First of a Series)

In all the excitement surrounding our just-ended special series on covenant-easing [link] we must have missed it. But several readers pointed out we had neglected to cover the highly unusual sighting last month of a great white shark in Long Island Sound. Cabot, a nine-foot, eight-inch, 533 lb. tagged fish had been tracked for months.

Covenantive Easing (Last of a Series)

As we wrap up our special series on how credit agreement terms are eroding, we asked our distinguished team of lawyers from Morgan Lewis: What should we expect, as issuers and credit providers, to come up in deals with financial covenants? “Financial maintenance covenants are often included in loan documents, even in larger deals,” said

Covenantive Easing (Fourth of a Series)

Our special series on envelope-pushing in the world of loan covenants continues with a look at “limited condition transaction” provisions. These provisions allow the borrower to decide, at its option, when it wants to test the conditions to entering into a transaction (typically an acquisition) that is not subject to a financing condition – sometimes

Covenantive Easing (Third of a Series)

As we continue our special series on covenants, we’ve noted how lenders and sponsors are pushing envelopes to deal with an increasingly competitive landscape. This includes areas of the credit agreement that might otherwise appear innocuous. Take financial statements. Quarterly numbers are typically due within 45 days after fiscal quarter-end, and annuals within 120 days

Covenantive Easing (Second of a Series)

Growing competitiveness in the buyout market is resulting in a variety of pressure points being applied by private equity sponsors to the lenders who finance their deals. Lines are blurring in the steps between buyers and financing sources – term sheet to commitment letters to credit agreement. Today, corporate finance attorneys tell us, a detailed

Covenantive Easing (First of a Series)

Much attention was paid over the past few weeks to a dramatic series highlighting the struggle between two powerful forces, a dizzying game for world domination, with the outcome hanging in the balance and viewers on the edge of their seats. Of course we’re talking about our recent series on valuations (“Why Valuations Matter” [link]).

Emotional Support Loans

A beluga whale was found last week in the Arctic Ocean off the northern Norwegian coast. Otherwise not an unusual event, but this particular cetacean wore a harness. Its proximity to Russia sparked rumors the animal had been recruited as a spy. Another theory, however, soon surfaced. Some surmised “Hvaldimir” was an escapee from a