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Galapagos: proper construction of Distressed Disposal provisions in intercreditor agreement

18 March 2024 / Author(s): Richard Boynton , Kon Asimacopoulos , Sean Lacey , Hannah Crawford , Kate Stephenson
Issue: October 2023 / Categories: Feature

In this article the authors consider the recent English High Court judgment in Galapagos v Kebekus [2023] EWHC 1931 (Ch) which turned on the proper interpretation of Distressed Disposal provisions in an English law intercreditor agreement (ICA), typical in European leveraged financing transactions.

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