Creditor Corner

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

Weekly News – October 30



Weil Gotshal plans its own wind-down, Advisor Rankings out, private equity stares down $300bn debt wall, Xerox uptiers its 2028s at a discount, Brad Sandler steps into the spotlight, new money LMEs take center stage, and much, much more...

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Happy Halloween!

In This Week's Creditor Corner

Weil Gotshal plans its own wind-down, Advisor Rankings out, private equity stares down $300bn debt wall, Xerox uptiers its 2028s at a discount, Brad Sandler steps into the spotlight, new money LMEs take center stage, and much, much more...




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Bruce Richards on The Markets

Let Them Eat Cake

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Showing our last respect to a venerable firm...

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Business As Usual

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Armageddon has never promised so many fees...

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2nd Time's the Charm

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Our take:

Xerox is a familiar and potentially sour name to some, as the pioneer of the non-sub dropdown, quickly asserting itself as vogue. While some may have viewed Xerox as a relic of an earlier time of rougher and more contentious LMEs, Xerox may just be a sign that LME creativity is still here to stay (did someone say Hertz?)....

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Sandler Takes the Stand

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Really??

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Our take:

Hmmm, it seems the optimists of the market have spoken. However, according to Fitch, Altman, and PIMCO, there is more than meets the eye for direct lenders. But we will see if Proskauer's statistic that rejects the good ol' distressed debt exchange will hold up in the advent of PE's face-to-face with its problematic vintages. If HY is at 2.6% per Fitch and BSL hovering around 4-5%, yet rates have only gotten higher, and exogenous shocks have not relented, the math seems generous at best for Proskauer's estimates. Zombies are indeed hard to kill; however, as seen in The Walking Dead, they do eventually starve. Happy Halloween!

We, and everybody else, will be closely watching 2028's impending doom get closer and closer.

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Marie Antoinette, Queen of France (1774 to 1792), was said to have declared, “Let them eat cake.”

More than two centuries later, that sentiment has found a new audience in global credit markets. Capital remains plentiful for the strongest borrowers, but increasingly scarce for the weakest. Not everyone will have access to capital, and for those with deteriorating creditworthiness, the cost of borrowing is becoming intolerable.

The credit markets are "A Tale of Two Cities" (also about the French Revolution), the haves and the have-nots, as the bottom half of the K-shaped economy feels the pinch from tighter financial conditions, a rather peculiar development since GDP growth is robust. This tale is being played out across the AI complex, the delta between BBs and CCCs, and even in sovereign credit, as French OATs are feeling the heat.

When the largest borrowers absorb trillions, the marginal borrower pays up or simply fails to raise capital, the lifeblood of existence.

The buildout of data centers in the U.S. is projected to cost nearly $10T over the next 5 years, which is 3.6% of GDP per annum. However, I will take the under, as many projects will not have the capital, power, or regulatory approval to proceed. The four largest hyperscalers are expected to spend over $1T annually (we will get more information this week when they report earnings and discuss their CapEx plans), but with strong profits, multi-trillion-dollar market caps, and AA ratings, these companies can access credit as they build their AI moats. While on-B/S financing may be slightly wide to the IG index, off-B/S debt trades at an extra +100 bps spread.

The neoclouds are relegated to the HY market, where credit availability has become problematic. Today, the largest, most successful neocloud's debt trades at 15%, and its 5-year CDS trades at ~1,100 bps, which is unsustainable. Gartner expects 80% of neoclouds to cease independent operation by 2030, as a shake-up is coming. The hyperscalers with strong balance sheets are in a position to pick up the pieces.

France's 5.4% fiscal deficit, debt-to-GDP ratio of 120%, and 10-year OAT yield above 5% saw its spread to Bunds reach 178 bps last week. France pays more than Italy, putting its credit rating at risk. In the U.S., 6% deficits are not favorable either. However, access to capital is the key, and despite a $2 trillion funding gap for the current fiscal year, the market is open and willing. This crowds out other borrowers by raising the "risk-free" rate. When sovereigns pay more, everyone pays more.

IG spreads and BBs are below long-run averages, while CCC spreads have blown out to ~1,300 bps, the widest on record during a time of prosperity (i.e., "let them eat cake").

Takeaway 1: It's a lender’s market.

Takeaway 2: 2027 should be great for Direct Lending and Opportunistic Credit; the best vintages occur when capital is scarce, spreads are wide, and lenders are selective.




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The Data Download

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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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