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Citigroup v Brigade Capital Management: Difference between revisions
Citigroup v Brigade Capital Management (view source)
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This case has ''everything'': it is as if all the ghastly phantoms of commercial legal practice converged in some mountain eyrie for a satanic feast on the bones of a poor, harmless, well-meaning global banking conglomerate. The [[JC]] liked it so much he has formulated a new equitable principle: ''[[durum caseum per magnos canibus]]'': “hard cheese for big dogs”: a sort of dark inversion of the [[JC]]’s ''[[anus matronae parvae malas leges faciunt]]''<ref>“[[little old ladies make bad law]]”</ref> principle. | This case has ''everything'': it is as if all the ghastly phantoms of commercial legal practice converged in some mountain eyrie for a satanic feast on the bones of a poor, harmless, well-meaning global banking conglomerate. The [[JC]] liked it so much he has formulated a new equitable principle: ''[[durum caseum per magnos canibus]]'': “hard cheese for big dogs”: a sort of dark inversion of the [[JC]]’s ''[[anus matronae parvae malas leges faciunt]]''<ref>“[[little old ladies make bad law]]”</ref> principle. | ||
==Facts== | ==Facts== | ||
Revlon — you know, ''that'' Revlon: lippy, perfume, nail polish; a struggling “heritage” brand — borrowed a ton of money in 2016 to acquire Elizabeth Arden.<ref>What made Elizabeth Arden? When Max Factor. Oldie but a goodie.</ref> The financing was complex but the thing to know was that Citi acted as the lenders’ ''[[loan servicing agent|administrative]]''. | Revlon — you know, ''that'' Revlon: lippy, perfume, nail polish; a struggling “heritage” brand — borrowed a ton of money in 2016 to acquire Elizabeth Arden.<ref>What made Elizabeth Arden? When Max Factor. Oldie but a goodie.</ref> The financing was complex but the thing to know was that Citi acted as the lenders’ ''[[loan servicing agent|administrative agent]]''. | ||
A [[loan servicing agent]] keeps a register of lenders, who is owed what, and handles interest and principal payments to the lenders on the borrower’s behalf. | |||
Citi had no responsibility for Revlon’s obligations: Revlon would pre-fund all the payments it needed to make to the lenders. If — as seemed increasingly likely — Revlon could not meet its obligations, this was the lenders’ problem, not Citi’s. | Citi had no responsibility for Revlon’s obligations: Revlon would pre-fund all the payments it needed to make to the lenders. If — as seemed increasingly likely — Revlon could not meet its obligations, this was the lenders’ problem, not Citi’s. | ||