Isaac Sasson

Isaac Sasson

June 08, 2018 | New York Law Journal

What Constitutes a Transfer of “All or Substantially All” of a Borrower's Assets for Purposes of Indentures and Credit Agreements?

As the credit markets have slowly tightened and borrowers look for creative solutions to delever and refinance their balance sheets outside of bankruptcy, it is important to keep in mind that a transfer that is otherwise allowed under a borrower's debt documents may still be attacked if there are indicia that the transfer is for “all or substantially all” of the borrower's assets.

By Kenneth Pasquale and Isaac Sasson

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