Events of Default Enforcement, Remedies, and Cures (Credit Agreement)

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Summary

This practice note discusses the cure or waiver of events and defaults, and how proceeds following an event of default are distributed to creditors under a "waterfall." It also discusses cross-default and cross-acceleration clauses, which pose a particular risk to the loan parties' capital structure, and additional lender remedies, such as setoff provisions. This practice note includes additional practical guidance.