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ACFA - Current Issues in Middle Market Leveraged Finance Documentation

Event | 09.19.13, 12:00 AM UTC - 12:00 AM UTC

As lending and M & A activity heat up post-recession, competition among lenders for new loan assets in the middle market space is a fierce as ever.  One by-product of this competition is that loan provisions usually reserved only for the largest and highest quality corporate and capital markets loans are now finding their way into loan documentation for middle market leveraged finance transactions.  This program will explore the current definition of “middle market leveraged finance”,  and current “market” terms for transactions in this lending space.  Document provisions to be discussed will include, among others: Sungard  provisions, market MAC and new adverse information, pre-closing assignments, indemnifications and payment of expenses, standards for loan documentation and documentation principles concepts, incremental facilities, equity cures and permitted acquisitions.  The panel will provide both the lender and the borrower perspective on these current market trends in loan documentation for these transactions.


Scott Lessne is the Moderator of this event and Matt Cheney will attend.


Participants

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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