This article considers the emergence of “anti-cooperation” provisions in US credit documents. Anti-cooperation language is broader than an express ban on cooperation agreements and includes voting and concentration caps, disqualified counsel provisions and other tools designed to shape who may organise, advise and vote in anticipation of a liability management exercise. The market response has been mixed. Most formulations have met strong resistance in the broadly syndicated loan market, but narrower or more bespoke versions have begun to clear in edge cases. The result is a new documentation battleground centred on process control rather than only transaction mechanics.
4 MAY 2026In this article, the authors provide contextual understanding of certain US provisions to supplement the Loan Market Association forms when representing lenders in transactions involving US-domiciled borrowers and/or US-domiciled credit support providers.
6 MAR 2025In this article, the authors compare the approaches US and European direct lenders take to certain deal terms and highlight market-specific trends.
1 MAR 2022In this article, the authors explore the new trend of Wall Street bank-led secondary trading in private credit and certain considerations for market participants involved.
1 OCT 2023