Paul N. Silverstein recently wrote a commentary for the Creditors Rights Coalition entitled, “Del Monte and DIP Roll Ups,” addressing the Del Monte decision concerning the ratable sharing provision in the Del Monte credit agreement and its potential impact on the treatment of non-cash debt exchanges in DIP loan roll-ups. Mr. Silverstein highlights the practical implications for how ratable sharing provisions in credit agreements may be structured going forward, including expressly excluding DIP roll-ups (and other non-cash debt exchanges) from such provisions.

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