Control : When Loan Covenants Become Limiting Contractual Rights

The Federal Reserve’s 2020 final rule on Control and Divestiture Proceedings brought significant clarity to one of banking law’s most complex areas. Among its most important provisions is the treatment of “limiting contractual rights” — contractual provisions that can, in combination with other factors, create a presumption of control over another company. What Constitutes a … Continue reading “Control : When Loan Covenants Become Limiting Contractual Rights”