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Syndicated Term Loans Are Not Considered Securities —For Now

Market participants are relieved after the Second Circuit recently affirmed the lower court s decision in Kirschner v. JP Morgan Chase Bank, N.A.1 applying the Reves four-part test to conclude.

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Are Loans Securities? The United States Court of Appeals for the Second Circuit Responds in Kirschner v JP Morgan Chase Bank, N A | Venable LLP

On August 24, 2023, the United States Court of Appeals for the Second Circuit (the "Court") upheld the District Court's ruling in Kirschner v. JPMorgan Chase Bank, N.A. that notes.

United statesNew yorkMarcs kirschnerSupreme courtMillennium health llc incUnited states bankruptcy courtOffice of the comptrollerDistrict courtDeposit insurance corporationErnst youngSecurities exchangeJp morgan chase bankJpmorgan chase bankUs department of justiceAppeals for the second circuit courtUnited states court

Second Circuit Affirms Syndicated Loans Are Not Securities | Ballard Spahr LLP

Summary - The United States Court of Appeals for the Second Circuit upheld on August 24, 2023, a decision from the District Court to dismiss a securities fraud case.

United statesMarcs kirschnerReves supreme courtJp morgan securities llcJp morgan chaseUnited states department of justiceUnited states district courtJpmorgan chase bank the united states courtMillennium health llc incSecond circuit courtExchange natBallard spahrSupreme courtMillennium lender claim trust theDistrict courtUs supreme court

Syndicated Term Loans Are Not Securities, What About Digital Assets?

Syndicated Term Loans Are Not Securities, What About Digital Assets?
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Recent Second Circuit Decision Holds That Term Loans Are Not Securities In A Win For Participants In The Syndicated Loan Markets - Securities

In Kirschner, the Court of Appeals for the Second Circuit unanimously affirmed a district court order that held that notes evidencing term loans were not securities.

New yorkUnited statesState of new yorkDistrict courtMillennium lender claimMillennium health llc incSupreme courtSouthern districtMillennium healthSecond circuitSecurities actConfidential informationRecent second circuit decision holds that term loans are not securities ina win for participants in the syndicated loan marketsCorporate commercial lawInsolvency bankruptcy re structuringInsolvency bankruptcy