What We Do

We assist sophisticated hedge funds and institutional credit investors of all sizes in transactions involving the acquisition and disposition of distressed investments. Using innovative strategies to maximize value and minimize risk, we guide our clients through complex issues in primary and secondary loan trades, bankruptcy claims, and special situations investments. Our attorneys bring vast knowledge and experience to advise our buy-side and sell-side clients on all aspects of distressed investing, working in close concert with the firm’s bankruptcy and restructuring practice. This multifaceted approach offers our clients a unique perspective as we analyze highly complex restructuring, credit, and liquidity issues in a competitive credit space.      

 

Who We Represent

We represent financial market participants, regularly including:

  • Hedge funds.
  • Broker-dealers.
  • CLOs.
  • Investment banks.

Why We Win

Our clients succeed when our preparation meets their opportunity; we work actively to make both a reality. Widely respected in their field, our lawyers are active participants in the Loan Syndications and Trade Association (LSTA) and Loan Market Association (LMA). Through practice leader Stacy Tecklin’s years of experience in the distressed trading market, Glenn Agre offers a multifaceted approach to credit transactions, whether syndicated loans, bankruptcy claims, and other sophisticated special situation investments. Unwilling to wait for client opportunities to come to us, we affirmatively monitor Chapter 11 cases and loan market trends to identify legal developments, as well as attractive investment possibilities.

Our work takes place primarily in three areas:

Distressed Debt

  • Drafting trade confirmations, purchase and sale agreements, participations, and other agreements.
  • Updating clients on LSTA and LMA advisories and market developments.
  • Advising on confidentiality issues, including “big boy” provisions and non-disclosure agreements.
  • Auditing credit documents for CLO managers and buy-side professionals.
  • Designing best practices regarding par and distressed loan settlements.

Claims Trading

  • Drafting documentation for the purchase and sale of claims and swaps arising from bankruptcy proceedings, both domestic and foreign.
  • Monitoring all aspects of Chapter 11 cases and assisting with claims diligence.
  • Advising on post-emergence issues regarding rights offering and reorganization equity.

Special Situations

  • Advising on litigation funding and other special situation investments, including subrogation claims, antitrust settlement claims, and litigation trusts.
  • Transferring non-registered securities.
  • Documenting portfolio sales, internal tax restructuring transactions, and master participation agreements.