Global Private Equity Watch - Feed https://privateequity.weil.com/contributor/frank-adams/ Tue, 14 Apr 2026 20:23:07 +0000 hourly 1 The Perils of Incorporating Statutory and Regulatory Definitions into Indentures and Other Agreements https://privateequity.weil.com/features/the-perils-of-incorporating-statutory-and-regulatory-definitions-into-indentures-and-other-agreements/ Tue, 08 Mar 2016 18:01:47 +0000 Frank Adams https://peblog.wpengine.com/?p=1552 Wilmington Savings Fund Society, FSB v. Foresight Energy, LLC, et.  Al., C.A. No. 11059-VCL, memo. Op. (Del. Ch. Dec. 4, 2015) Sophisticated workarounds to avoid tripping indenture provisions are not atypical in mergers or acquisitions where the target (or one of its subsidiaries) has outstanding debt that the parties do not wish to refinance.  However, […]

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]]> Wilmington Savings Fund Society, FSB v. Foresight Energy, LLC, et.  Al., C.A. No. 11059-VCL, memo. Op. (Del. Ch. Dec. 4, 2015) Sophisticated workarounds to avoid tripping indenture provisions are not atypical in mergers or acquisitions where the target (or one of its subsidiaries) has outstanding debt that the parties do not wish to refinance.  However, […]

The post The Perils of Incorporating Statutory and Regulatory Definitions into Indentures and Other Agreements appeared first on Global Private Equity Watch.

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