Test Liability-Management Exercises and Implications

Liability-management exercises (LMEs) have become common transactions in order for financially distressed companies to obtain financing secured by previously encumbered assets. From uptiers, drop-downs, double dips and pari plus transactions, courts have begun to analyze and rule on the enforceability of LMEs and, in certain instances, their limitations. This panel analyzes various examples of recent LMEs and discuss the repercussions of such transactions from both the borrower and lender perspective.