Just as with debt instruments between unrelated parties, the current economic downturn may cause related parties to want to modify the terms of debt instruments existing between them. And as with debt instruments between unrelated parties, modification of debt instruments between related parties may have a number of tax consequences. What constitutes a “modification” and
Reopenings: Issuing Additional Debt Securities of an Outstanding Series
This Lexis Practice Advisor practice note discusses reopenings of debt securities issuances. Companies frequently raise capital by issuing additional debt securities of the same series as debt securities outstanding under an existing indenture, often referred to as “reopening the indenture” or “reopening the series.”
Read the full article here.
Top 10 Practice Tips: Liability Management Transactions
This Lexis Practice Advisor practice note provides 10 practice tips that can help you as counsel to an issuer seeking to engage in a liability management transaction. Given recent market volatility, issuers in a wide range of industry sectors may now be evaluating potential liability management transactions, including debt repurchases, tender or exchange offers and
Webinar: Liability Management – The Tax Angle
May 6, 2020
1:00 – 2:00 PM ET
Register here.
During this webinar, the presenters will discuss the tax implications to issuers and investors resulting from various liability management transactions, including:
- Debt repurchases;
- Debt modifications or exchanges;
- Recapitalizations;
- Bankruptcy restructurings; and
- Payment of consent fees.
CLE credit is pending.
Debt Restructuring During the COVID-19 Pandemic – Key Tax Considerations
Businesses are under unprecedented stress due to the global COVID-19 pandemic. Many of these businesses need some form of relief on their debt obligations in order to avoid triggering defaults, foreclosures and collection activity during this extraordinary period of economic inactivity. There is no one way to structure a workout. The workout structure can be
Liability Management Resources
For many issuers, a liability management transaction may be part of an overall funding and liquidity management strategy. For others, an exchange offer, consent solicitation or tender offer may be undertaken in connection with a restructuring or recapitalization. For financial institutions or insurance companies, a liability management transaction may serve to address regulatory capital considerations.
Webcast: Liability Management
March 30, 2020
1:00 – 2:00 PM ET
Register here
Issuers in a range of industry sectors may now be evaluating potential liability management transactions, including debt repurchases and tenders or exchange offers. In some cases, no-action letter relief may provide issuers and their advisers with greater flexibility for tender offers for non-convertible debt securities,
New Publication: Structuring Liability Management Transactions
Structuring a transaction that addresses an issuer’s capital structure, including its debt obligations, financial and other covenant limitations, and debt maturity profile, involves compromise in some cases. An appropriate liability management transaction that considers the issuer’s objectives and also provides sufficient incentives for existing security holders can be a delicate balancing exercise.
The topic is