May 2009
In “Bankruptcy Issues in Intercreditor Agreements,” Jeffrey A. Marks, principal in our Cincinnati office, provides a general examination of provisions in intercreditor agreements that relate specifically to bankruptcy or other insolvency proceedings. By reviewing variations of these provisions that have appeared in negotiated second lien financings, the discussion provides a checklist that will be useful at the front end of deals of this kind.
This article originally appeared in The TriState Association for Corporate Renewal (TACR) newsletter.