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Bankruptcy Risk

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Bankruptcy risk
The risk that a firm will be unable to meet its debt obligations. Also referred to as default or insolvency risk.

Bankruptcy Risk
The risk that an individual or especially a company may be unable to service its debts. Bankruptcy risk is greater when the individual or firm has little or no cash flow, or when it manages its assets poorly. Banks assess bankruptcy risk when considering whether to make a loan. It is also called insolvency risk.


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In order to deal with the bankruptcy risk inherent in a transaction with multiple borrowers, rating agency guidelines provide that (i) each borrower/tenant should be a bankruptcy remote special purpose entity, and (ii) non-consolidation opinions should be provided for each tenant in common.
He helps clients with business planning and in connection with structuring transactions to minimize bankruptcy risk, especially technology transactions and transactions with critical vendors.
High-debt firms face higher (known) bankruptcy risk, which is ameliorated by debt non-disclosure.
 
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