Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Debt Exchange Offers in the Current Market

By Dennis F. Dunne and Brian P. Kelly
June 23, 2009

The recent financial crisis and dislocation in the financial markets has had significant consequences for bankruptcy and restructuring professionals. One such consequence is a dramatic increase in the use of debt exchange offers as a liability management tool.

There has recently been an unprecedented level of debt exchange offer activity in the United States: nearly $30 billion was exchanged in 2008, compared with $15 billion in the previous 24 years combined, according to professor Edward Altman of NYU's Stern School of Business. See Dena Aubin, More Debt Exchanges Loom As Buyout Loans Come Due, REUTERS, Apr. 17, 2009. Such activity accelerated in December 2008, when eight of the 12 exchanges in 2008 occurred. See Vyvyan Tenorio, Debt Exchange Offers Expected to Rise, THEDEAL.COM, Jan. 30, 2009. During the first four months of 2009, at least 28 companies engaged in debt exchange offers and/or made arrangements with lenders to extend payments, repurchase debt at a discount or reissue debt on more favorable terms, in most cases at less than 50 cents on the dollar and a few close to 10 cents. See Matthew Sheahan, Bondholders Push Back on Exchanges, LEVERAGED FIN., May 6, 2009. This surge in activity is expected to continue into 2010, as various underlying market conditions persist ' i.e., an abundance of over-levered companies, tight credit markets, increasing default rates, bleak near-term earnings and revenue prospects, and depressed trading prices for speculative-grade corporate debt.

This article provides a brief overview of debt exchange offers, together with some observations on how current market conditions are driving the recent surge in such offers and influencing their terms and prospects for success.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.