Dan Fisher and Jaisohn Im Discuss Disqualified Lender Lists on Cloud 9fin Podcast

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On Cloud 9fin’s “Jane’s LME Addiction” podcast, Dan Fisher, co-leader of Akin’s capital solutions team and Akin head of finance and special situations and capital solutions partner Jaisohn Im discuss disqualified lender (DQ) lists, evaluating their effectiveness and the implications for sponsors and lenders.
Jaisohn explores three issues that have been “more aggressive from the company side under sponsor docs” including:
- Who can be on the DQ lists?
- What is the application of the DQ lists?
- What are the ramifications of the DQ lists?
“DQ tactics are an understandable reaction and use by sponsors in the pendulum that the credit markets exist in,” said Dan, adding that it is similar in many ways to provisions around LMEs and anti-co-op language.
Dan added that from a macro perspective, using DQ lists “is another arrow in the quiver that sponsors and companies have to try to get outcomes of their engagements with their lenders to be what they want.”
To listen to the full podcast, please click here.