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Third Circuit Protects Lender Expectations Regarding Corporate Separateness in Lending to a Group of Affiliated Companies
Authors: Andrew J. Love


The Third Circuit’s recent decision in In re Owens Corning offers comfort to lenders who have relied upon the separate existence and credit of affiliated parties in a financing. An important lesson from the court’s decision is that credit underwriting and loan terms should evidence the lenders’ reliance on the separateness of guarantors from the related borrowers.

To read this publication in its entirety, click the link in the adjacent "Downloads" section.

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