Creditor Corner

The ultimate weekly source for great financial and restructuring news affecting creditor rights specifically curated for you

Weekly News – October 23



Leslie's dives into the deep end, Michael Gatto Speaks Up!, Getty's files with equity injection, Optimum’s creditors close in on Drahi, Hertz parks Oro beyond lenders’ reach, the latest on LMEs, and much, much more...

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In This Week's Creditor Corner

Leslie's dives into the deep end, Michael Gatto Speaks Up!, Getty's files with equity injection, Optimum’s creditors close in on Drahi, Hertz parks Oro beyond lenders’ reach, the latest on LMEs, and much, much more...




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Bruce Richards on The Markets

The Cost of Capital

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Tweet of the Week

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Diving into the deep end....

Man walking into the pool in a pink shirt.

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What We're Listening To

Class Is in Session

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Koch’d and Loaded

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Drahi Blinks

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Our take:

Turns out the Altice Way has a breaking point, and it’s a well-organized co-op. From a $3bn ask, Drahi is now negotiating over a pool for existing equity somewhere north of $750m. Lenders who stayed together, sued and went restricted are close to taking the keys. The irony is that a settlement may bury Optimum’s antitrust case before any court rules on whether cooperation agreements are a "cartel," leaving the market’s biggest open legal question unanswered.

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Fine Print for the Compute Age

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Fool's Oro

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Our take:

Move over, unrestricted subs. Hertz sold 50% of Oro’s voting units, so Oro was no longer a “Subsidiary,” its guarantees and liens were released, and no lender vote was needed.

Even better for insiders: the proceeds took out Certares’ and Knighthead’s 2Ls at ~41c, while secured lenders were left with an unsecured claim on residual equity. Following Xerox, it's the latest JV drop-down, and few credit agreements have a blocker for it. With a $2.8bn FY28 wall approaching, consider this Hertz’s opening bid.

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Hot Topics in Bankruptcy: 4Q26

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Serta-nly Not Slowing Down

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Our take:

So much for the Serta chill. Nine of Q3’s twelve LMTs included an uptier, just with better manners: “pro-rata-ish” offers backed by covenant strips and subordination for anyone who says no.

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A PROMESA Kept?

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The Cost of Capital

The cost of capital is perhaps the most important factor that is now impacting markets, investment decisions, and potentially growth.

Four developments deserve attention.

1. Deficits are crowding out private investment. Governments must compete with businesses and households for capital. While the USTs are absorbing too much capital ($2T new money) to finance its 6% deficits, France has become the link in the chain worthy of discussion. When sovereigns pay more, everyone pays more.

2. The AI buildout is a capital magnet. The 4 large hyperscalers will spend over $1T in CapEx in 2027, much of which is financed by debt. When AA rated companies compete for financing, it raises the cost for all the neoclouds, a concern that has is now paramount. When growth is funded in the leveraged finance market, and the cost of energy, compute, regulatory approval and capital all rise in concert, the bar to clear an attractive ROIC rises, as the price of tokens plummets.

3. IG spreads at 82 bps is below its long run averages. CCC spreads have blown out 400 bps y-t-d to nearly 1,200+ bps, increasing default risk as price and credit dispersion becomes significant. Hedges remain reasonably priced for many sectors of the market.

4. Housing with several trillion of mortgages locked in near 3% contracts sharply vs. new buyers who pay 400 bps more. Mobility, affordability and turnover suffer.

Takeaway 1: Capital has become increasingly more competitive in recent months, a force that determines who can access markets, who has investor confidence that can support growth, who can refinance existing debt and ultimately who survives.

Takeaway 2: This is a great time to be a lender. When capital is scarce/expensive, the provider of capital sets the terms. Direct lenders today are profiting from higher base rates plus healthy spreads, with tighter documentation and stronger covenants vs. previous years. ABL is also a big beneficiary of this same condition, and if done well, can mitigate business cycle risk.

Takeaway 3: For private credit, 2027 will likely be remembered as a strong vintage for new fund raises. While raising capital may prove challenging, as capital allocators will undoubtedly be highly discerning, history shows the best credit vintages occur when capital is scarce, spreads are wide and lenders are highly selective.




Takeaway 4: Opportunistic credit may be the biggest beneficiary as capital solutions will have become an essential and very refined skill set. Rising refinancing walls, CapEx needs, PE sponsor needs for growth and transition are growing. Add in select distress opportunities, good companies with bad balance sheets and we have the case for the full spectrum for Opportunistic Credit.


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Our Take:

The Daily Cost of BK Legal fees Are Increasing.

Are we shocked? No.

We took a deep dive to see what is driving up the daily cost of restructurings and the culprit: Increasing Legal Hourly Rates. We analyzed final fee apps for top debtor law firms from 2018 to 2024 and found average hourly legal fees have increased by over 65% since 2018. Maybe a little bit of sunlight is the right disinfectant to help remedy the problem...

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