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Below we explain the background and unpack why loans are not securities and what could happen if the court disagreed – Are broadly syndicated term loans securities for the purposes of federal and state securities laws? That critical question, which has been percolating around the loan icus brief that the LSTA filed this week in a federal district court in New York. The LSTA (joined by the Bank Policy Institute) argues vehemently that they are not and explains the materially negative consequences to borrowers and other stakeholders in the $1.2 trillion market for institutional term loans (and the $600MM+ CLO market) were a court to reach the opposite conclusion. Background. The LSTA filed the amicus brief in a case brought by a litigation trust that arose from the Millennium bankruptc...
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