Interim Operating Covenants: Hot Takes

Our guests – Freshfields’ Ethan Klingsberg, Simpson Thacher’s Alan Klein and Kirkland & Ellis’ Daniel Wolf get into the nitty gritty of “interim operating covenants,” including:

  • Exceptions to MAE and ordinary course covenants (eg. Cooper Tire)
  • Ordinary in the face of the extraordinary (eg. MAPS Hotels, others)
  • Not to be unreasonably withheld consent
  • Specific drafting implications (eg. MAPS Hotels)
  • How we are working this out in real time and in the real world

For many more Vid-Guides dealing with corporate & securities law, corporate governance, E&S issues and more – particularly if you want to review any Vid-Guides referred to during this Vid-Guide – see the list of Vid-Guides spread throughout these categories:

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