United States: Debt Capital Markets

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
The Ordinary Course Of Business Defense In A Bankruptcy Preference Action
In bankruptcies, a debtor or trustee may claw back legitimate payments the debtor made to its creditors within 90 days prior to filing of bankruptcy. In general terms, a preference claim is a transfer made (a) to or for the benefit of a creditor; (b) for or on account of antecedent debt owed by the debtor; (c) while the debtor was insolvent (liabilities exceed assets); (d) within 90 days before the bankruptcy petition was filed or one year if made to an insider; (e) such that it allows the creditor to receive more than it would have received if the debtor had not made the payment and the claim was paid through the bankruptcy process.
United States Insolvency
CT
Cowles & Thompson, PC
Article
SEC Exemptive Order Expands Availability Of Shorter Debt Tender Offer Periods
The SEC's Division of Corporation Finance has issued a new exemptive order that significantly reduces the minimum offering period for certain tender and exchange offers involving non-convertible debt securities from 20 business days to just five business days. This order supersedes previous guidance and establishes new conditions under which issuers and their wholly-owned subsidiaries can conduct abbreviated debt tender offers.
United States Finance
HL
Hogan Lovells Cadwalader
Article
SEC Issues Exemptive Order Expanding Availability Of Five-Business Day Tender Offer Relief For Non-Convertible Debt Securities
The SEC's Division of Corporation Finance has issued a new exemptive order allowing qualifying tender or exchange offers for non-convertible debt securities to remain open for just five business days instead of the standard 20-day period. This order supersedes previous relief from 2015 and expands the conditions under which issuers can utilize abbreviated offering periods. The relief aims to address market inefficiencies and reduce exposure to interest rate fluctuations while maintaining investor protection
United States Finance
MB
Mayer Brown
Article
Capital Recalibration: Overview Of The 2026 Basel III, Revised Standardized Approach, And GSIB Surcharge Proposals
In March 2026, U.S. banking regulators released a comprehensive set of proposals to recalibrate capital requirements for banking organizations of all sizes, marking a significant shift from their 2023 approach. These proposals aim to enhance risk sensitivity, reduce complexity, and produce more moderate capital impacts while improving the competitive position of U.S. banks relative to their international peers. The proposals include implementing final Basel III standards for the largest banks, revising the
United States Finance
MV
Moore & Van Allen
Podcast
Debt Sales 101 Mini-Series — Episode 5: Closing The Deal: Key Contracting And Transaction Issues (Podcast)
Episode 5 of the Debt Sales 101 mini-series examines the critical intersection of legal structure, regulatory compliance, and commercial terms in debt purchase and sale agreements. The discussion explores how key contractual provisions allocate risk between buyers and sellers while addressing regulatory expectations. Listeners will learn how well-drafted agreements enable scalable debt sale programs by aligning regulatory requirements with commercial objectives.
United States Finance
BS
Ballard Spahr LLP
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