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Kirschner Update: 2nd Circuit Affirms District Court Opinion That Leveraged Loans Are Not Securities

In its highly anticipated decision, the Second Circuit has answered the question of whether a syndicated term loan qualifies as a “security” with a definitive “no”. On August 24, the Court of Appeals for the Second Circuit...more

Kirschner Update: SEC Declines to Submit Brief in Syndicated Loans Case Giving PE Industry a Reprieve

In March , the Court of Appeals for the Second Circuit requested that the Securities and Exchange Commission (SEC) submit a brief on whether a syndicated term loan qualifies as a “security.” The brief was highly anticipated...more

What's Ahead For The Leveraged Loan Market

As the coronavirus pandemic upends the economy, the financial health of the leveraged loan market has been impacted. The long-term effect of the pandemic on the leveraged loan market will depend on inherent market risks, the...more

SEC's Leveraged Loan Market Outlook

On September 19, the Securities and Exchange Commission’s Investor Advisory Committee held a hearing to discuss the risks of increased leverage in the loan market and the potential impact leveraged loans and collateralized...more

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