DECISION ON PETITION TO STRIKE OUT CLAIM – SUCCESSFUL DEFENSE AGAINST LACK OF JURISDICTION

Standard clauses that are often copied in these agreements are subject to Court’s interpretation as seen in “pari passu” clause litigation against Argentina, leaving investors weak and fragmented.

Syndicated loans and bonds are significantly competitive financing sources from both banking and capital markets. Capital markets have generally been increasing their market share. Nonetheless, with the advent of "mezzanine" finance, a form of severely subordinated debt utilised in leveraged buyouts, loans appear to be re-emerging. Although loans are costlier for the borrower, they offer call flexibility, allowing refinancing after two years, whereas a ten-year high-yield bond is typically non-callable for five years.

Rather than depending solely on statutory or jurisdiction-specific insolvency regulations, which may vary or conflict, the ICA unifies creditors under a single framework. In principle, junior creditors are safeguarded as the sale proceeds must be allocated according to a predetermined payment hierarchy outlined in the intercreditor agreement; nevertheless, in reality, the proceeds may be inadequate to fulfil all creditor claims.