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Silicon Valley Bank (“SVB”), a key lender serving customers and borrowers primarily in the technology industry, was taken over by U.S. regulators on Friday, March 10, 2023. Included herein are considerations that may be top of mind for persons with connections to SVB.
In Sanofi-Aventis U.S. LLC v. Mallinckrodt PLC, the United States District Court for the District of Delaware ruled that a debtor that purchased intellectual property under a prepetition asset purchase agreement could continue to retain and use the property post-confirmation while discharging its obligations to pay any future royalties otherwise owed.
On September 8, 2022, a three-judge panel in the United States Court of Appeals for the Second Circuit (the “Second Circuit”) reversed the United States District Court for the Southern District of New York (the “District Court”) when it determined that lenders of a syndicated loan facility to Revlon, Inc.BY
This case arises out of a dispute between J.C. Penney Properties, Inc., as predecessor in interest to J.C. Penney Corporation, Inc. (“JCP Properties”), and Klairmont Korners, LLC (“Klairmont”) regarding a ground lease and related sublease for commercial real estate (respectively, the “Lease” and the “Sublease”).