Is 100% consent of the holders required to change the interest rate of an outstanding LIBOR floating rate note? Many practitioners would say yes, but we examine another approach in our article “Consent Solicitations: Challenging Orthodoxies”, published in this month’s REVERSEinquiries newsletter.
Medium-term note (“MTN”) programs enable companies to offer and sell a wide range of debt securities, which may have similar or different terms, on a periodic and/or continuous basis, by using pre-agreed offering and distribution documents and a simplified clearing process. With an MTN program, the issuer is able to use streamlined documentation for each…
This market trends article examines recent trends regarding medium-term note programs (MTN programs), providing an overview of the market in 2019 and 2020 with a focus on general deal structure and process, recent deal terms, and disclosure trends. Financial service companies, such as bank holding companies, continued to use medium-term note programs as their vehicles…
Elder financial exploitation has been recognized by many state and national agencies as a concern as the population ages and elders shoulder more responsibility for managing their retirement assets under defined contribution plans. For investment advisers and broker-dealers, balancing the protection of customer information and reporting financial exploitation is challenging. Fortunately, state and national authorities…
The New York Stock Exchange LLC (“NYSE”) proposes to amend Rule 2 to remove the FINRA or other national securities exchange membership requirement for member organizations. Rule 2 was previously amended in 2007 to require FINRA membership as part of the transition plan for the consolidation of NYSE Regulation, Inc. and the National Association of…
Last month’s announcement by FINRA marks the completion of the consolidation of FINRA’s enforcement functions under the leadership of Susan Schroeder. One of the key outcomes of FINRA360, the new structure is designed to ensure a more consistent enforcement program. Schroeder noted, “The consolidation of our enforcement function enables us to better target developing issues…
