FICC Focus

State of Distressed Debt: Davis Polk’s Resnick on Emerging LME Trends

11 snips
Mar 20, 2026
Brian Resnick, restructuring partner who leads Davis Polk’s Liability Management & Special Opportunities practice, discusses evolving liability management strategies. He breaks down one-shot deleveragings versus repeat LMEs. He explores private credit vs bank-sponsored loan dynamics, anti-cooperation language risks, and sophisticated disqualified lender provisions.
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INSIGHT

Deal-Away Threats Drive Many Liability Management Exercises

  • Deal-away threats like sponsor drop-downs shape many LMEs by pressuring term lenders to provide new capital, discounts, or maturity extensions.
  • The key determinant is whether the transaction delivers enough deleveraging and runway to avoid future restructurings.
INSIGHT

One-Shot Deleveraging Is Gaining Consideration

  • Market discussion is shifting toward doing more aggressive, one-shot deleveragings during LMEs to avoid a two-step LME-then-restructure outcome.
  • Many LMEs historically lacked sufficient write-downs or time, causing companies to hit a wall later.
ANECDOTE

Pluralsight Example Of Sponsor Drop-Down In Private Credit

  • Pluralsight was a notable private-credit example where a sponsor-financed drop-down paid lender interest and ended as a hand-over-the-keys outcome.
  • That case was an exception given a large lending syndicate; most private credit deals stay relationship-driven and consensual.
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