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Investors in LMA-based intercreditor agreements (ICA) should be reassured by the commercial approach recently taken by the High Court in construing the "Distressed Disposal" provisions. ....
A distressed disposal (Distressed Disposal) under an LMA-based intercreditor agreement (ICA) is a powerful restructuring tool. It has the potential to significantly de-lever a business. ....
Distressed Disposal under ICA is a powerful restructuring tool that de-levers a business for the benefit of Senior Lenders. It's a contractual right that requires no court involvement and has rarely been challenged. ....