Event Recap
August 10, 2017
New Challenges to Out of Court Exchange Offers
Overview
New York partner Jim Millar spoke on a panel titled “New Challenges to Out-of-Court Exchange Offers,” presented as part of the American Bar Association’s CLE in the City Series, on August 10, 2017.
Recent cases applying the Trust Indenture Act have created uncertainty for out-of-court exchange offers and other transactions. The panel discussed the legacy of the Marblegate and Caesars bankruptcy cases and subsequent developments. The panel also discussed the trend of using backstop agreements as currency in RSA discussions.