Weekly News – May 15

Bond yields back up, Del Monte Pro Rata Opinion Out, Spanish Broadcasting hits the skids, First Brands hits the skids, Xerox Blockers Lacking, LME trends, and much, much more…

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?In this Week’s Creditor Corner

Bond yields back up, Del Monte Pro Rata Opinion Out, Spanish Broadcasting hits the skids, First Brands hits the skids, Xerox Blockers Lacking, LME trends, and much, much more…


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Bruce Richards on the Markets

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Tweet of the week

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Data Download

canary in the coal mine?

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Del Monte Pro Rata Opinion Out

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Our Take:

We view this as another post-ConvergeOne decision supporting more pro rata treatment among DIP lenders. The ruling is particularly notable coming from Judge Kaplan, who earlier in Del Monte approved the DIP roll-up that bifurcated recoveries between participating and non-participating lenders. While Judge Kaplan found that the roll-up itself did not constitute a payment or reduction of the underlying facility that would trigger pro rata treatment, he did find that any actual payments made on the rolled-up facility would trigger the pro rata provision. This reasoning contrasts with the approach taken in ATD, where Judge Craig Goldblatt signaled meaningful skepticism toward the roll-up structure itself, ultimately contributing to participating lenders abandoning the non-pro rata transaction in that case.

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The divergence between the decisions nevertheless underscores the continuing judicial focus on non-pro rata DIP treatment. As “in-court” LMEs continue to proliferate, the structure, economics, and allocation of DIP financing benefits are likely to remain a central battleground.

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Adios Amigos!

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cha ching!

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First Brands coming to a head….

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Perforce and Worldstrides close…

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our docs are all fat no muscle…

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Our Take:

The difficulty with blockers lies in the subjective nature of the terms themselves. The capitalization of a single letter can make or break the basis of a transaction. And even when terms are formally defined, creative lawyers continue to utilize inventive financing and legal structures to circumvent the specified definitions. It’s a lose-lose dynamic for lenders; without materially stronger leverage at the arrangement phase, there likely won’t be meaningful developments in the strength of documentation. 


Even supposedly unique blockers, such as STG Logistics’ “effect of” omni-blocker, can still be worked around in an LME — leaving minority lenders to spend years litigating until the eventual bankruptcy, where the dispute is stayed and the adversary proceeding ultimately settles on likely unfavorable terms. Xerox’s J.Screwed 2.0 is another testament to this increasingly one-sided dynamic.

What We’re Listening To:

the new prong of LM

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The Friendly Skies 


Aircraft leasing is one of the most compelling corners of ABL. Single aisle Boeing and Airbus commercial aircraft are mission critical assets for any airline. Today, roughly 53% of the global commercial fleet is leased (47% owned). Airbus and Boeing order backlog stands at approximately 15,500 aircraft, or roughly 8 years of production/back-order wait list time to take delivery.  Given this dynamic, there is extraordinarily valuable in aircraft ABL, generating significant MOIC relative to other segments of ABL. Yet, there are risks.


Earlier this month, Spirit Airlines made the painful decision to cease operations and liquidate its fleet of aircraft. In bankruptcy, airlines have 60 days to affirm or reject aircraft leases under Section 1110, and they almost always affirm, since the vast majority of airlines that file for BK continue to operate as a going concern. Since 2000, the 3 major airlines used Chapter 11 to restructure (American, United, Delta all did) with exceptionally strong operating businesses today. 


Spirit Airlines is the exception; it’s the first U.S. airline with 100+ planes to not emerge from BK. The last liquidation of an U.S. based airline flying 100+ aircraft was Eastern Airlines, when it shuttered in 1991. Spirit ceased operations with 173 planes.


Under Section 1110 of the Bankruptcy Code, airlines have 60 days to affirm or reject aircraft leases in the event of default. Aircraft is mission critical for any airlines, except for an airline that liquidates. If a BB-rated airline have a ~5% probability of default during the next 5-years, and in the event of default, a ~90% probability that the lease will be reaffirmed, which is typically the case for newer aircraft, then there is less than 1% chance that they aircraft will be repossessed. When things go south like the recent case with Spirit, the lessor will likely call the the repo man


Inflation is your friend because aircraft values hold value relative to depreciation schedules.  


Three big questions that ABL investors may want to know are: 1) COVID- how did the aircraft portfolio perform during this period when few people were flying during the 1-year COVID lock-down?, 2) Russia- did my ABL manager lose any of its aircraft portfolio when Russia took possession of ~550 commercial airplanes in 2022 when it surprisingly invaded Ukraine?, 3) how many aircraft investments have resulted in loss due to counterpart risk?


The math is compelling: mission-critical assets, inflation-protected values, a multi-year production backlog, and structural demand that only grows. For experienced ABL managers with dedicated and highly experienced aviation teams, the skies are indeed very friendly.


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SCOTUS first, CIT second…where are the refunds…

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“but they’re Senior Secured”

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Bringing Transparency to the Bankruptcy Process

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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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