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Corporate Trust & Agency

Overview

Loeb & Loeb advises and represents indenture trustees and bank agents in connection with defaults, potential defaults and bankruptcies of distressed issuers and borrowers.

In distressed situations, clients rely on Loeb for skilled and knowledgeable evaluation and analysis of whether a default has occurred and for practiced — and practical — counsel on how best to address it.

In bankruptcy, our clients often serve as chair or co-chair of official creditors’ committees, and we take an active, leading role in these proceedings. Our work has included headline-making and precedent-setting cases such as Refco — the first “megacase” after the passage of the 2005 amendments to the Bankruptcy Code — Washington Mutual and Residential Capital, in which we facilitated a global resolution that protected the interests of our constituent bondholders and the numerous indenture trustees involved in the case.

We counsel clients throughout all parts of the capital structure, including secured, undersecured, subordinated and unsecured debt, with particularly extensive experience representing trustees and agents for the bonds, notes and bank debt issued by bank holding companies.

Our bank agency work includes acting as both administrative and collateral agent, often in the face of the conflicting interests of multiple tranches of debt. We have also successfully executed credit bids on behalf of our clients to acquire assets from bankrupt issuers.

Our team works closely with counsel to ad hoc bondholder or lender groups to ensure an integrated representation of the interests of all of our clients’ holders. 

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