Page 17 - MTIA Summer 2022 Market Brief
P. 17

Navigating Distress:

                                                 Challenges and Opportunities



               When restructurings occur, or     The prospect of a rise in the number of distressed assets and default rates has
               borrowers make moves such         been a perennial topic of conversation among loan market stakeholders. While
                                                 concerns still run high, there is also a more optimistic scenario.
               as shifting collateral to protect
               against them, documentation       Given the cost for borrowers and lenders, both parties are often keen to stop
               can provide stability while       short of traditional bankruptcy filings. Lenders are showing an increased
               everything else is in flux.       willingness to work through alternative approaches instead. Private lenders
                                                 especially have more flexibility.

                                                 As a result, distress and defaults may be unlikely to reach true “high tide” levels.
                                                 Instead, defaults are more likely to lead to arrangements such as prepackaged/
                                                 prearranged filings with terms agreed upon in advance or Restructuring Support
                                                 Agreements (RSAs), where borrowers and lenders negotiate the terms of a debt
                                                 restructuring plan.


                                                 Navigating Complex Debt Restructurings
                                                 The world of broadly syndicated lending faces unique challenges in periods of
                                                 distress. These challenges can arise when corporate borrowers face liquidity
                                                 issues affecting their ability to meet the provisions of loan agreements or
                                                 make payments. They can also emerge more systemically in the case of
                                                 macroeconomic turbulence that affects spending or credit markets.

                                                 The trend of larger and larger M&A financing capital structures has only further
                                                 fueled complexity, with more lenders, including non-bank lenders, playing a part.
                                                 Loan Agent capabilities and activities have scaled to meet this demand, with most
                                                 loans including several hundred syndicate participants.

                                                 Private Credit Trends

                                                 Unlike the last debt restructuring cycle during the Global Financial Crisis of 2008,
                                                 private credit has built up a significant market share, especially in middle-market
                                                 deals. Private creditors such as private equity firms or institutional investors
                                                 typically have more leeway in renegotiating terms or agreeing to a forbearance
                                                 period. However, banks in broadly syndicated loans must contend with more
                                                 guardrails and regulations, which limit their options.
                                                 The potential for distress has also changed the climate for new lending. Lenders
                                                 across the lending base have significantly more sway in the negotiation process.
                                                 As a result, loan sponsors and borrowers must make more concessions in terms
                                                 and conditions. The market has considerably less room for the kinds of covenant-
                                                 lite transactions that have characterized the market in the past decade.










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