hard · Corporate Credit Analysis cap-structure
If a borrower enters bankruptcy, what typically happens to the junior creditor's right to provide Debtor-in-Possession (DIP) financing under a standard ICA?
- Under a standard ICA, the senior creditor typically negotiates the contractual right to provide or approve any DIP facility ahead of the junior.
- DIP financing that primes a senior lien still requires court approval and adequate protection; it is not an automatic wipeout of that lien.
- The junior creditor must obtain the senior creditor's consent or ensure the DIP does not 'prime' the senior creditor's existing lien.
- Junior creditors face no SEC-imposed bar on providing DIP financing; such limits arise purely from contract, not securities law.
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