ABI: Structure and Implications of Liability-Management Exercises

Liability management exercises (LMEs) have become an increasingly prominent tool for financially distressed companies seeking to raise new capital, refinance existing obligations, and restructure debt outside of bankruptcy. From uptiers and drop-downs to double-dips and pari-plus transactions, courts are now confronting the enforceability of these transactions and defining their limits. This panel will examine the structural mechanics of LMEs, survey the evolving litigation landscape, and consider the broader implications for borrowers, lenders and the restructuring market.