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

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. 

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.