If You Assign Your Plan Vote — Mean It

Law360, New York (July 9, 2013, 5:35 PM EDT) -- Given the commonality in today's marketplace of complex corporate capital structures that employ multiple layers of secured debt, existing and potential creditors need to be increasingly aware of the rights and limitations provided for in subordination or intercreditor agreements. These agreements are often entered into between the existing lender or debt holder and a new lender. They often restrict the actions of subordinated lenders upon the debtor's filing for bankruptcy protection, including denying their right to vote on the debtor's plan of reorganization. More restrictive subordination agreements enable senior lenders to vote the claim of the junior lender in a way that favors the senior lenders even if such a vote eliminates any potential for distribution to the junior lender....

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