Outside Counsel

Second Circuit Rules on TIA §316(b), Overturns 'Marblegate' (and 'Caesars')

, New York Law Journal

   | 0 Comments

Doron P. Kenter writes: On January 17, in the latest chapter in the ongoing debate over §316(b) of the Trust Indenture Act, the Second Circuit reversed the district court's decision in 'Marblegate', concluding that the TIA does not prohibit out-of-court restructurings that deprive non-consenting noteholders of their substantive right to payment on account of their notes.

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

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article #1202778450590

Thank you!

This article's comments will be reviewed.