Distress Mergers and AcquisitionsCorinne Ball, New York Law Journal
Decision Challenges Efficacy of Liability Management Strategies
In her Distress Mergers and Acquisitions column, Corinne Ball of Jones Day discusses the recent Second Circuit decision in 'Chesapeake Energy v. Bank of New York Mellon Trust', writing: 'Chesapeake' involved a dispute between bondholders and the issuing company regarding whether a "make whole" or pre-payment premium was required when the bond issue was refinanced. While the issue was discreet, the efficacy of a resort to the court for a speedy determination is now subject to question if there is an appeal pending—even one without a stay pending appeal.
This premium content is reserved for New York Law Journal subscribers.
Continue reading by getting started with a subscription.
Already a subscriber? Log in now