Defensive and Counter-Offensive Strategies for High-Yield Debt Issuers and Private Borrowers

As global credit conditions continue to tighten, corporate issuers of high-yield debt and private borrowers – especially in emerging markets – are at risk of default, sparking a cascade of events that can spiral across borders and threaten their survival. We look at some creative and aggressive strategies debtors can deploy to limit their exposure and protect their bottom lines.

December 22, 2022

As global credit conditions continue to deteriorate, corporate issuers of high yield debt and private borrowers – especially those in emerging markets – are increasingly at risk of becoming embroiled in cross-border disputes. Panicked global creditors might preemptively pull credit lines or accelerate maturities, causing cascades of events that threaten the company’s survival. Debtors and their advisors should consider deploying creative, aggressive and multijurisdictional strategies that can pre-empt problems, hasten resolution and protect their bottom lines.

These strategies may include:

For distressed emerging market companies and their advisors, there are more options available around the world – both inside and outside the courtroom – to lawfully defend against creditor claims and protect their bottom lines than they may have initially realized.


About Kobre & Kim

Kobre & Kim is a global law firm focused on cross-border disputes and investigations, often involving fraud and misconduct.

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