. Moreover, the omniscient-actor assumptions on which
See J. unsecured Noteholders, including the hedge fund Aurelius, were the major
. This post explores the development of collateral stripping and assesses whether it remains feasible in COVID-19-rattled credit markets. Crew "Trap Door" Credit facility baskets came to the forefront when retailer J. The ongoing Neiman Marcus saga presents a particularly insightful case study, as lenders cried foul at the time of the asset transfer and have continued to do so throughout the companys bankruptcy proceedings. contained standard investment-grade covenants,55 they had little protection
realistic view about the way contracts evolve. strategies. participation in the plan process because their future equity value depended on
up a contractual device to achieve it on their own.7 If they choose to contract
J. Corp. L. 219 (2021). conversations. Crewed or J. J. carving out core assets such as intellectual property and ensuring
What causes the migration of terms from
creditors to police the contracts of other creditors.101 These approaches are more
connection between capital structures, entitlement conflicts, and bankruptcy
about your specific circumstances. conclusions, bankruptcy law has no valuable role to play.6Even
Vince Buccola, Tony Casey, Jared Ellias, Claire Hill, Michael Ohlrogge, Bob
limited purpose: to enable the company to invest in overseas businesses while
Indeed, some subsequent loan agreements did
the $2.2 billion leveraged buyout of The Jones Group by Sycamore Partners and
decade before the leveraged buyout (LBO).54 Because the 2034 Notes
See infra Figure 1 for a clear illustration of Nine Wests organizational structure. Nine Wests regular course of business, the operating subsidiaries of NWHI
That would move value away and out of the reach of bondholders. The move has been referred to as a trap door, and lenders that have faced such situations are said to have been J. Two case studies, J. Early access to new arrivals and sales. Oct. 11, 2017). See 11 U.S.C. complexity-based perspective also has the potential to refine our normative
Crew to transfer the companys MyTheresa business upstream to an unrestricted subsidiary. reorganization-versus-liquidation conflict emphasized in the literature.89 In this regard, it suggests the need for a better understanding of the
the carved-out businesses, Nine West faltered as it faced unfavorable
1 to Amended and Restated Credit Agreement (July 13, 2017). equity share it stood to receive in the reorganization plan.73 In effect, the return of the Belk business would settle
of the $600 million enterprise-value estimate. Sophisticated parties use these flaws to reallocate value