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Turns out Serta was not ‘unambiguous’: How the 5th Circuit dismantled Judge Jones’ most famous ruling and what comes next

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Turns out Serta was not ‘unambiguous’: How the 5th Circuit dismantled Judge Jones’ most famous ruling and what comes next

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  1. 9fin team
2 min read

Turns out Serta was not ‘unambiguous’: How the 5th Circuit dismantled Judge Jones’ most famous ruling and what comes next.

The reversal in the Serta Simmons case by the United States Court of Appeals for the Fifth Circuit has received a lot of superlatives, but its impact might not be as profound as the Mitel decision that came out in its shadow. "Uptiers" via open market purchases as we knew them may be dead, but liability management exercises are still expected to flourish. Find out how, where, and who will win and lose.

Join us on Jan. 28 at 11 a.m. ET for a dynamic discussion featuring top legal minds from Debevoise & Plimpton LLP, Faegre Drinker Biddle & Reath, and Glenn Agre Bergman & Fuentes as they debate the case from both sides:

  • Pro-ruling advocates will champion the court’s commitment to overarching pro rata sharing principles in loan documents and the protection of syndicated loan agreements.
  • Opponents of the ruling will address concerns about limiting solutions for companies in financial distress and the broader implications for liability management.

Additionally, 9fin’s experts will provide insights on how this decision could influence market behavior, with a focus on:

  • The future of "uptiers" and "dropdowns" in restructuring strategies.
  • Best practices to navigate the changing legal and financial landscape.
  • Cutting-edge tools to analyze debt structures, identify risks, and make informed decisions with confidence.

Don’t miss this critical discussion on the future of out-of-court restructurings and how to stay ahead in a rapidly shifting legal and financial environment.

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