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  • Senior bondholders are challenging Freescale's debt restructuring, making an unprecedented challenge to the material adverse effect (MAE) clause in the creditor agreement. Unfortunately, the creditor agreement is covenant-lite.
  • Aima pointed out that there have been almost no hedge fund blow-ups in the past six months The focus on the regulation of hedge funds at the April 2 G20 meeting in London was odd. They had nothing to do with this financial crisis (despite legitimate concerns about their leverage) and are already being regulated in the world's major jurisdictions.
  • In a move that could keep investors out of China, the regulators have increased the lock-up period for foreign investors with stakes in banks.
  • Marzio Longo has been elected as Freshfields Bruckhaus Deringer's managing partner in Italy. Longo is the head of the firm's Italian real-estate practice and also focuses on M&A and contract law. He replaces Raffaele Lener on May 1, although Lener will remain co-managing partner for a transitional period.
  • Paul Krugman fills me with a sense of despair. The professor of Economics at Princeton University and Nobel-prize winner doesn't seem to understand structured finance. Yet he persists in shouting about it from his (very prominent) platform in The New York Times.
  • Though there are very few unsolicited takeovers in Hong Kong, the time for them is now ripe. Here's how to manage the hurdles
  • Shearman & Sterling has represented HTM Sport- und Freitzeitgeräte, a subsidiary of sports-equipment manufacturer Head, on its offer to exchange €135 million of its bondholders 8.5% secured notes for new 10% senior secured notes with the same maturity. Cerha Hempel Spiegelfeld Hlawati advised HTM on Austrian law, with Cahill Gordon & Reindel counselled the dealer manager on US law.
  • The prescriptive EU directive on Credit Rating Agencies just made coordinating a global response to regulation more difficult
  • Mandatory disclosure of short positions will create transparency and be helpful to the market. However, the debate over who short sellers should disclose to and at what thresholds rages on
  • Proposed changes to the Basel securitisation framework risk strangling banks with capital requirements based on unclear and overly inclusive drafting