Article
Del Monte Bankruptcy Court Dismisses Breach Claim Over DIP Roll-Up, But Allows Future Pro Rata Sharing Claim To Proceed
A U.S. Bankruptcy Court ruling examines whether a DIP financing roll-up violates prepetition credit agreement sharing provisions, with implications for how courts interpret payment obligations in liability management exercises. The decision addresses the tension between compensating DIP lenders for new money risk and protecting non-participating lenders' contractual rights to ratable treatment.
Cadwalader, Wickersham & Taft LLP