There are two approaches to acceleration following the filing of bankruptcy. On the one hand, a typical US style debt document provides for automatic acceleration on an insolvency event of default. On the other hand, many other jurisdictions typically do not include such automatic acceleration provisions in financing documents. This article discusses the primary differences between the Chapter 11 treatment of a loan that automatically accelerates the debt following an insolvency and a loan in which such acceleration is at the discretion of the lender.
6 FEB 2025This article examines sponsor-provided debtor-in-possession financing that converts into equity in the reorganised debtor upon emergence from bankruptcy, including the consequences of, and recent challenges to such sponsor-led convertible financing.
28 JUN 2024