Curing Substantive Ambiguities In Debt Documentation

Law360, New York ( July 21, 2016, 4:40 PM EDT) -- Virtually all public indentures contain provisions allowing the issuer to cure ambiguities and make other technical changes to the debt documentation without debtholder consent. When the purported ambiguities have substantive consequences, however, issuers may not be able to get away with an amendment that lacks debtholder approval. In GSO Coastline Credit Partners LP v. Global A&T Electronics Ltd. (NY App. Div. 1st Dept. May 3, 2016), a New York lower court bought into a "cure of ambiguity" argument and on that basis granted a motion to dismiss. The appellate division would have none of it, and in a summary, unsigned opinion reversed. Along the way, both the lower and the appellate courts addressed a number of other issues of interest....

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