A practical cross-border insight into lending and secured finance.
This article was first published in the ICLG - Lending & Secured Finance 2021.
Global Leveraged Finance partners Miko Bradford and Benjamin Sayagh co-authored “A Comparative Overview of Transatlantic Intercreditor Agreements,” a chapter in The International Comparative Legal Guide to: Lending & Secured Finance 2021.
The comparative overview chapter covers intercreditor frameworks, including the various expectations as to the key intercreditor terms that should apply in cross-border financings for European borrowers or other financings involving practitioners and business people in different parts of the world. The chapter also compares and contrasts the key terms in US second lien and European second lien intercreditors, discussing the blended approach taken in recent intercreditor agreements for financings of European companies in the US syndicated bank loan markets, as well as intercreditor agreements involving other non-US jurisdictions known as “transatlantic intercreditor agreements.”