Restructuring Private Credit Loans: Navigating Covenant-Lite Loan Structures, Exploring Creative Out-of-Court Solutions

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Banking and Finance
- event Date
Wednesday, March 26, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss the rise in private credit restructurings and the changing dynamics between private equity sponsors and private credit lenders when a borrower is in distress. The panel will explore the more expansive restructuring options available with private credit loans, how lenders are navigating covenant-lite loans when a borrower is in distress, lessons learned from recent cases and trends in liability management exercises (LMEs), and whether out-of-court solutions will continue to be the norm in these transactions.
Faculty

Mr. Handler’s practice focuses on representing lenders and bondholders across the capital structure and companies in all aspects of workout, restructuring, special situation financing matters and distressed M&A transactions. He also has significant experience in connection with investment manager and broker-dealer liquidations and wind-downs, private credit restructurings and insolvency-related structured finance matters. Mr. Handler is at the forefront of intercreditor litigation and related issues, having led significant contested matters concerning the protection of minority lender rights in litigation in New York Supreme Court.

Mr. Kremer represents debtors, ad-hoc creditor groups, and individual creditors in a variety of distressed situations, including chapter 11 reorganizations, out-of-court debt restructurings, acquisitions of distressed companies, debtor-in-possession financings, and other corporate reorganizations. He has extensive experience in restructurings across a variety of industries, including retail, energy, exploration, transportation, and municipal debt restructurings.

Mr. Carter is a corporate attorney with particular expertise in finance, restructuring, and bankruptcy. He represents agents, lenders, borrowers, and sponsors in lending and restructuring transactions, as well as debtors, lenders, acquirers, and creditors in insolvency proceedings. Mr. Carter’s corporate finance expertise includes cash-flow and asset-based financings, first lien-second lien, split-collateral, and unitranche intercreditor structures, acquisition financings, distressed debt investments, and UCC Article 9 matters. He also advises on bankruptcy-remote structures and special purpose entity matters in securitizations and real estate financings. In Mr. Carter’s restructuring and bankruptcy practice, he applies his broad corporate and real estate finance experience to counsel debtors, lenders, acquirers, landlords, and other creditors. He advises clients in bankruptcy cases and work-outs, recapitalizations, foreclosure sales, strict foreclosures, and other restructuring transactions and insolvency proceedings throughout the U.S. and in cross-border contexts.
Description
As private credit continues to play a significant role in financial markets, there has been a rise in the number of out-of-court restructurings. The options for these restructurings continue to evolve and change the dynamics of private credit transactions.
Because private credit loans are less liquid than syndicated loans and are less likely to be traded, distressed borrowers have more restructuring options available and they may ultimately be able to avoid an expensive bankruptcy. While the flexibility of private credit loans is attractive for both borrowers and lenders, lenders should be aware that not all private credit restructurings can be streamlined and less costly. Instead, a distressed borrower may need to avail itself of bankruptcy protection and if there are several private lenders to a transaction, securing unanimous consent of all lenders could be challenging in the context of any restructuring or loan modification.
Listen as our authoritative panel explores the current private credit market conditions and the rise of out-of-court restructurings and provides guidance for navigating this evolving legal landscape.
Outline
- Private credit market overview
- Continued evolution of private credit restructuring
- Expanded restructuring options with private credit vs. syndicated loans
- Mitigating liability management risks
- Lessons learned from recent cases and likely future developments in this area
- Practitioner pointers and key takeaways
Benefits
The panel will discuss these and other key issues:
- How has the increasing presence of private credit funds in restructurings changed the dynamics of deals?
- Are private credit funds more open to exploring creative out-of-court restructurings or workout solutions?
- What might be the likely impact of the surge in LMEs in the syndicated market on private credit?
- What are some key lessons to be learned from recent cases and how will these cases impact future private credit deals and restructurings?
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