PrimerHow companies under strain raise money from preferred equity, PIK and secured rescue notes, liability management exercises and Chapter 11 financing; who supplies that capital and how it is priced; how the law shapes the outcomes; and what to watch next.
The capital-solutions end of corporate finance: rescue and structured preferred equity, hybrid and convertible capital, PIK and holdco debt, opportunistic and special-situations credit, liability management exercises (LMEs), distressed investing and in-court financing (DIP loans, rights offerings, exit capital), plus fund-level solutions such as NAV loans where they fund rescues. Asset-based finance, securitization and plain direct lending appear only as benchmarks. Coverage is US-centric, with short notes on the UK, continental Europe, Canada and Asia.
As of: Oct 7, 2026
The Overview tab is the short version and the vocabulary. Market & Instruments sizes the market and explains the instruments, who needs them and how the payoffs work (sections 3–6). LMEs & Court covers liability management exercises, Chapter 11 tools and the case law (7–9). Economics & Players covers the money, competition, failures and the firms (10–13). Cases & Outlook has case studies, global regimes, trends, indicators and dated signposts (14–18). Section links jump to the right tab.
Data. Market figures come from Preqin (via Paul Weiss), PitchBook, the Federal Reserve, ICE indices, Moody's, Fitch, S&P and KBRA; deal terms come from SEC filings and court records; manager figures come from Q2 2026 earnings releases and public pension reports. Periods are stated with each figure, mostly 2025 to Q3 2026. Amounts are in US$ unless noted (US$mm, US$bn, US$tn; € and £ as reported).
Note. Facts marked "secondary" come from trade press, aggregators or blogs. Default rates differ by basis (issuer- or par-weighted, with or without distressed exchanges), so each is labeled. Arithmetic marked "author's" is illustrative, not a forecast. Company examples, including the UWM Holdings preferred, describe published terms and are not a view on any security. Nothing here is investment advice.
Contents
21 sections across six tabsThe short version
OverviewRescue capital is money provided to companies that cannot raise it on ordinary terms, in exchange for seniority, contractual protection and a share of the upside. It spans structured credit, preferred and convertible equity, opportunistic and distressed debt, liability management exercises (LMEs), Chapter 11 financing and fund-level solutions for private equity sponsors. Alternative managers with dedicated funds or insurance balance sheets supply most of it, and its price rises as the issuer's options narrow (Exhibit 1).
Exhibit 1: Nine strategies cover every layer of the capital structure, and pricing rises as the issuer's options narrow
| Strategy | What it is | Where it sits | Typical pricing or return | Leading providers | Covered |
|---|---|---|---|---|---|
| Capital solutions / structured credit | Bespoke loans and notes for issuers shut out of syndicated markets | First or second lien; holdco | Rescue notes 9–14%, with PIK windows at Carvana and cash step-ups at Wolfspeed; unitranche benchmark 475–525bp (Q2 2026) | Blackstone, Ares, Apollo, KKR | 4.4–4.5, 11 |
| Rescue and structured preferred | Preferred with minimum return, warrants, control triggers | Above common, below all debt | 10% cash / 13% PIK; 1.4x minimum MOIC (UWM Holdings, Aug 2026) | Oaktree, Apollo, Sixth Street, Bain Capital | 4.2, 6 |
| Hybrid and convertible capital | Convertible preferred PIPEs, converts and exchangeables | Above common or unsecured | 4.75% (QXO) to 9% PIK (Lucid) | Apollo, PIF, convertible funds | 4.3, 4.6 |
| Opportunistic credit | Primary rescue loans and discounted secondary debt | Any debt layer | Blackstone 13% net IRR since 2007; Clearlake II target 15% net (2019) | Blackstone, Ares, Apollo, KKR, Goldman Sachs | 3.1, 10 |
| Special situations | Event-driven and complex deals across the cycle | Any layer | Preqin median net IRR ~8% since 2014; SVP Funds I–V 12.5–17.6% net | SVP, Bain Capital Special Situations, Ares | 3.3, 10 |
| Distressed for control | Buys debt expected to convert into equity | Debt that converts into common | Distressed non-control target mid-teens net (Davidson Kempner, 2017); WSIB distressed 9.64% net (Sep 30, 2025) | Oaktree, Elliott, Centerbridge, Silver Point | 3.1, 13.2 |
| LMEs and creditor-on-creditor positioning | Out-of-court uptiers, drop-downs, double-dips and A&E | New priority above excluded lenders | Serta recoveries 79.5% participants vs 1.5% excluded | Largest holders acting through co-ops | 7, 9 |
| DIP and exit financing | Court-approved loans, rights offerings and backstops | Super-senior; primes existing liens | PIK 4.5–12.5%, cash 7.5–13%, backstop 8–11.5% (Jan–Feb 2026) | Prepetition lenders and ad hoc groups | 8 |
| GP-level solutions | NAV loans and continuation vehicles | Fund level, outside the company | NAV spreads mostly below 5%; ~9 in 10 survey responses below 10% LTV (2025) | Banks, NAV lenders, secondary funds | 4.8, 5 |
Sources: Eaton Vance; UWM Holdings 8-K; Blackstone; Preqin; WSIB; Crowell & Moring; Debtwire; Proskauer; other filings as cited in sections 4 and 10. Rescue-note range and LTV share are author's arithmetic; targets carry their document's vintage; providers are examples.
Seven things to know
- Rescue capital is a family of strategies, and no source measures it as one market. It is sized only through reference markets, such as US direct lending at more than US$1.3tn (Dallas Fed), and in fundraising of US$16.3bn for 8 special situations funds and US$5.9bn for 5 distressed funds in H1 2026 (Preqin via Paul Weiss). See section 3.
- Capital is concentrating in a few flagship funds. Oaktree Opportunities Fund XII closed at about US$16bn on Feb 10, 2025 (Oaktree), and recent flagships are 1.1–2.8x their predecessors (author's arithmetic). See sections 3.3 and 11.
- A default rate means little without its basis. Moody's issuer-weighted US speculative-grade rate was 5.3% for the 12 months to Aug 2026 (Moody's via First Trust, secondary), while PitchBook LCD's payment-only loan rate was 0.87% in Aug 2026 (PitchBook LCD). See section 3.4.
- LMEs are now the main way leveraged borrowers default, and most default again. LMEs made up 69% of loan default activity by count in the 12 months to Aug 2025 (PitchBook). Of 89 coercive LMEs, about 40% filed within 2 years and 71% within 3 (Roe & Rotaru (ECGI)). See sections 7 and 12.
- A rescue preferred earns more from its protections than from its coupon. UWM Holdings' 13% PIK accretes to only 1.29x by year 2, so its 1.4x minimum MOIC sets the early-exit return; call premiums and 330 million warrants add the rest (UWM Holdings 8-K; author's arithmetic). See sections 4.2 and 6.
- Demand is building inside private credit while public spreads stay tight. "Bad PIK" reached 6.2% of private loans in Q2 2026 (Lincoln International), and 25% of KBRA DLD's middle-market borrowers had interest coverage below 1.0x at Q4 2025 (KBRA). The US high-yield spread was 3.12% on Oct 5, 2026 (FRED). See sections 5 and 16.
- Courts set the rules case by case, and they are raising the price of aggressive tactics. Serta's uptier was held a breach, and excluded lenders won US$261.13mm plus 9% interest on Jul 7, 2026 (Mayer Brown). Mitel's uptier survived on its contract wording (Mayer Brown). See section 9.
Exhibit 2: Numbers to remember
| Figure | Value | Period | Source |
|---|---|---|---|
| Global private credit AUM (closed-end funds) | US$1.864tn | End-2025 | Preqin via Paul Weiss |
| US direct lending outstanding | >US$1.3tn | Aug 2026 | Dallas Fed / NY Fed |
| Special situations / distressed fundraising | US$16.3bn (8 funds) / US$5.9bn (5 funds) | H1 2026 | Preqin via Paul Weiss |
| Largest flagship: Oaktree Opportunities XII | ~US$16bn | Feb 10, 2025 | Oaktree |
| Moody's US spec-grade default rate, issuer-weighted | 5.3% | TTM Aug 2026 | Moody's via First Trust (secondary) |
| LCD loan payment-default rate, excl. LMEs | 0.87% | Aug 2026 | PitchBook LCD |
| LME share of loan default activity, by count | 69% | 12 months to Aug 2025 | PitchBook |
| Coercive-LME borrowers filing within 2 / 3 years | ~40% / 71% | 89 LMEs | Roe & Rotaru (ECGI) |
| Recovery: first-lien loans / senior unsecured bonds | 58% / 32% of par | 12 months to Mar 2026 | Moody's/JPM via BlackRock |
| US HY OAS / CCC and lower OAS | 3.12% / 12.02% | Oct 5 / Oct 2, 2026 | FRED; FRED |
| PIK share / "bad PIK" share of private loans | 11.1% / 6.2% | Q2 2026 | Lincoln International |
| Middle-market borrowers below 1.0x coverage | 25% (median 1.5x) | Q4 2025 | KBRA DLD |
| Large US corporate bankruptcies | 372 | H1 2026 | S&P Global MI via CFO Dive (secondary) |
| UWM Holdings–Oaktree Series A preferred | US$1.65bn; 10% cash / 13% PIK | Closed Aug 5, 2026 | UWM Holdings 8-K |
| WSIB distressed bucket, net IRR / multiple | 9.64% / 1.5x | Sep 30, 2025 | WSIB |
Sources: as linked in each row. TTM = trailing twelve months. Default rates are not comparable across bases (Exhibit 7).
Units and vocabulary
OverviewRescue finance reuses familiar words with narrow meanings, and several pairs are often confused. Exhibit 3 defines them and shows why each distinction moves value.
Exhibit 3: Terms that get confused, and why the difference matters
| Term | What it means | Why it matters |
|---|---|---|
| IRR vs MOIC | Annualized return vs cash returned divided by cash invested | A 1.4x take-out is a 40% IRR at month 12 but about 12% at year 3 (author's arithmetic) |
| Cash pay vs PIK | Interest paid in cash vs added to principal | UWM Holdings pays 10% cash or 13% PIK; PIK saves cash but compounds the claim |
| Accreted value | Stated value plus PIK accrued to date | UWM's 13% PIK accretes to 1.29x by year 2; redemption prices build on it |
| Liquidation preference | What a preferred receives before common in a sale or liquidation | Lucid's is the greater of accreted value times a multiplier or the as-converted value |
| Minimum MOIC vs make-whole | Floor on the multiple if repaid early vs present value of forgone coupons | UWM's 1.4x floor before year 2; Wolfspeed's make-whole ran to year 3 |
| Call premium | Premium the issuer pays to redeem early | UWM's rises 10 points a year; Wolfspeed's 109.875% call steps down |
| OID | Original issue discount: debt sold below par | Adds yield without raising the coupon |
| Penny warrant | Warrant struck near zero | Dilutes almost one for one |
| Issuer- vs par-weighted default rate | Share of borrowers vs share of debt that defaulted | BlackRock's default rate was 5.0% issuer-weighted vs 1.7% notional-weighted (Mar 2026) |
| Distressed exchange | Swap into a less valuable package to avoid payment default | Moody's private credit proxy is 1.6% without them and 4.7% with them |
| Recovery | Value received at resolution as a share of par | First-lien loans recovered 58% vs 32% for senior unsecured bonds (12 months to Mar 2026) |
| Uptier | Majority amendment creating debt senior to excluded lenders | Serta participants recovered 79.5%, excluded lenders 1.5% |
| Drop-down | Moving assets outside the credit group and borrowing against them | J.Crew moved about US$250mm of IP and raised US$300mm against it |
| Double-dip / pari-plus | Two claims on the same collateral / support from outside the credit group | Trinseo's ~US$1.5bn of intercompany claims is the pending test |
| Roll-up | Prepetition debt converted into super-priority DIP debt | First Brands paired US$1.1bn of new money with a US$3.3bn roll-up |
| Co-op | Agreement among lenders to act only together | Typical consent thresholds are 50–75% of the group's debt |
| RSA | Restructuring support agreement signed before filing | Locks in the majority and exit financing |
| Backstop premium vs all-in compensation | Fee for guaranteeing a rights offering vs fee plus discount and shares | Brattle median fee 7% vs Buccola et al. all-in 20.1% of capital raised |
Sources: UWM Holdings 8-K; Lucid 8-K; Wolfspeed 8-K; BlackRock; Moody's; Crowell & Moring; King & Spalding; BankruptcyData; Octus; Brattle; Buccola et al.. Definitions are the author's.
Rule of thumb (author's): a quarterly-compounding PIK claim grows to (1 + rate/4)^(4 × years), and it doubles in about 70 divided by the rate in years. At 13%, that is 1.29x after 2 years, 1.90x after 5 years and a doubling in about 5.4 years; at 10% it is 1.22x and 1.64x (author's arithmetic).
Definition and size
Market & InstrumentsRescue capital is a set of strategies, not a single asset class, and no public source measures it as one. Its size has to be read from the markets it lends into, the funds that raise for it and the default cycle that feeds it. This section defines the strategy range, sizes those reference markets and explains why the most cited default figures disagree.
3.1 What counts
The strategies sit on a spectrum ordered by how much risk the investor takes and how much control it can end up with. Each step to the right accepts a weaker credit or a junior claim in exchange for a higher target return and, at the far end, ownership.
- Direct lending is the benchmark, not the subject. It is senior, floating-rate lending to healthy, mostly sponsor-backed companies, and it is where much of the stress that later needs rescue capital originates.
- Capital solutions and structured credit provide bespoke senior or junior debt, often with PIK interest, call protection and warrants, to companies that cannot use the syndicated markets on normal terms.
- Hybrid and structured equity sits "between debt and equity" in Apollo's description of its Hybrid Value funds, mostly as preferred or convertible securities (Apollo).
- Opportunistic credit moves between primary rescue loans and discounted secondary debt as prices allow.
- Special situations covers event-driven and complex situations across the cycle. Preqin notes that special situations funds have outraised distressed debt funds since 2022 "as mandates evolve beyond specific points in the economic cycle" (Preqin).
- Distressed for control buys debt expected to convert into equity through an exchange or a Chapter 11 plan. Oaktree's flagship opportunities fund names its uses as rescue financings, DIPs, exit financings and opportunistic capital solutions (Oaktree).
The edges overlap with asset-based finance and private equity. A rescue loan secured on receivables or equipment is underwritten like ABF, and a structured minority stake behaves like growth equity with downside protection. Blackstone's Tactical Opportunities platform, which invests across these lines, illustrates the overlap at a single manager (Blackstone). This primer counts a deal as rescue capital when the issuer cannot raise the money on ordinary terms.
3.2 Size
The main markets that rescue capital draws from are each worth US$1.3–2tn, but the rescue slice is not separately measured. No open source reports dedicated assets under management or dry powder for special situations, distressed or opportunistic funds, and no market-wide volume exists for preferred or structured equity. Reported figures are therefore the reference markets in Exhibit 4 and the fundraising data in section 3.3.
Exhibit 4: Private credit, US high yield and US loans are each US$1.3–2tn, measured on different bases
| Market | Size | Date | Definition | Source |
|---|---|---|---|---|
| Global private credit (Preqin) | US$1.864tn AUM; US$521.9bn dry powder | End-2025 | Closed-end private debt funds | Preqin via Paul Weiss |
| Global private credit (PitchBook) | "Nearly US$2tn" AUM; US$547bn dry powder | End-2025 | Broader private debt universe | PitchBook |
| US direct lending | >US$1.3tn | Aug 2026 | Outstanding US direct loans | Dallas Fed / NY Fed |
| US high yield | US$1,504.3bn par; CCC and lower 8.5% | Jun 30, 2026 | ICE index, 855 issuers | ICE via Eaton Vance |
| US leveraged loans | US$1.55tn (record) | End-2025 | Morningstar LSTA index | LSTA |
Sources: as linked in each row. Preqin restates AUM between editions, so its series is indicative.
The Dallas Fed and New York Fed describe US direct lending as "comparable in size to both the HY bond and BSL markets" (Dallas Fed). That parity matters for rescue capital because stress in private loans surfaces through amendments and PIK rather than through traded prices (see section 5).
Preqin and PitchBook differed by US$114.5bn in 2025 because they count different funds. PitchBook records US$275.2bn of private debt fundraising in 2025 (PitchBook); Preqin records US$160.7bn (Preqin via Paul Weiss). Comparisons should stay within one provider.
3.3 Fundraising
Special situations fundraising has recovered to US$16.3bn in H1 2026 while distressed fundraising remains lumpy. In H1 2026, Preqin counts US$16.3bn across 8 special situations funds and US$5.9bn across 5 distressed funds, out of US$132.5bn for all private debt (Preqin via Paul Weiss). North America-focused funds took US$15.7bn of the special situations total.
Exhibit 5: Special situations and distressed fundraising swing by half-year with a few large closes
| Period | Special situations (US$bn) | Funds | Distressed debt (US$bn) | Funds |
|---|---|---|---|---|
| H2 2022 | 18.3 | 16 | 13.6 | 10 |
| H2 2023 | 17.5 | 11 | 13.8 | 12 |
| H1 2024 | 8.8 | 13 | 0.2 | 8 |
| H2 2024 | 15.2 | 9 | 10.6 | 8 |
| H1 2025 | 12.4 | 11 | 3.5 | 9 |
| H2 2025 | 0.5 | 3 | 10.5 | 7 |
| H1 2026 | 16.3 | 8 | 5.9 | 5 |
Source: Preqin via Paul Weiss, Credit Fundraising at a Glance, editions H2 2022, H2 2023, H1 2024, H2 2024, H1 2025, H2 2025, H1 2026. Global, closed-end funds by final close. H1 2022 and H1 2023 not retrieved. Preqin restates late-reported closes, so half-year sums may not match later full-year totals.
The swings reflect timing of a handful of final closes, so fund counts are falling while average size rises: about US$2.0bn per special situations fund in H1 2026 against about US$1.1bn in H2 2022 (author's arithmetic). H2 2025 shows the effect: one half-year recorded only US$0.5bn of special situations capital across 3 funds.
Flagship funds are larger than their predecessors, in two cases nearly three times as large. Exhibit 6 lists the largest recent closes. Each is a single manager's figure on its own definition, so the list shows scale rather than market share.
Exhibit 6: The largest recent rescue and opportunistic funds closed at US$4.6–16bn
| Fund | Strategy | Size (US$bn) | Close | Predecessor (US$bn) |
|---|---|---|---|---|
| Oaktree Opportunities Fund XII | Distressed and opportunistic | ~16 (incl. affiliated vehicles) | Feb 10, 2025 | n/a |
| Blackstone Capital Opportunities Fund V | Opportunistic credit | >10 (hard cap) | Apr 7, 2026 | 8.75 (PitchBook) |
| Ares Special Opportunities Fund III | Opportunistic credit, special situations | 9.8 | Mar 30, 2026 | Fund I: 3.5 (Ares) |
| Bain Capital Special Situations (secondary) | Special situations, across funds | 9.0 | Nov 18, 2024 | n/a |
| Apollo Hybrid Value Fund III | Structured equity | 6.5 | May 5, 2026 | 4.6 |
| SVP Special Situations Fund VI | Special situations, distressed | 6.5 | n/a (NJ memo Jan 23, 2025) | 5.0 |
| Silver Point DOIP II (secondary) | Distressed | 4.6 | Sep 16, 2024 | 1.7 (2019) |
Sources: manager releases unless marked secondary; SVP terms from the New Jersey Division of Investment memo dated Jan 23, 2025; SVP V from Private Equity Wire (secondary, close date unverified). Sizes include co-invest or affiliated vehicles where the manager reports them that way.
Blackstone reports a 13% net IRR for its opportunistic credit strategy since 2007 (Blackstone), one of few strategy-level track records in the public record (see section 10 for returns).
3.4 Where the sources disagree
Published US default rates for 2025–2026 range from 0.87% to 9.2%, and the range comes almost entirely from method. Four choices drive the gap: whether the rate counts issuers or dollars of par, whether distressed exchanges and LMEs count as defaults, which universe of borrowers is covered and the period measured. Exhibit 7 sets the main measures side by side.
Exhibit 7: Default rates differ mainly by weighting, LME treatment and universe
| Measure | Rate | Period | Basis | Source |
|---|---|---|---|---|
| Moody's US speculative grade | 5.3% | TTM Aug 2026 | Issuer-weighted | Moody's via First Trust (secondary) |
| Fitch US leveraged loans | 3.8% | TTM Jul 2026 | Fitch default definition | Crypto Briefing (secondary) |
| Fitch US high yield | 2.7% | TTM Jul 2026 | Fitch default definition | Crypto Briefing (secondary) |
| JPMorgan US high yield | 2.7% | TTM Jun 30, 2026 | Par-weighted, incl. distressed exchanges | JPMorgan via Eaton Vance |
| PitchBook LCD leveraged loans | 0.87% | Aug 2026 | Payment defaults only, excludes LMEs | PitchBook LCD |
| Fitch US private credit | 6.3% | TTM Aug 2026 | Model-based and privately monitored ratings | Webull (secondary) |
| Fitch privately monitored ratings | 9.2% | 2025 | 302 privately rated borrowers | IDN Financials (secondary) |
| Proskauer private credit index | 2.5% | Q2 2026 | 716 loans, US$195.6bn | FI Desk (secondary) |
| KBRA DLD middle market | 3.4% count / 2.0% value | Q4 2025 | Sponsored middle-market borrowers | KBRA |
Sources: as linked in each row. TTM = trailing twelve months.
- Weighting moves the rate by a factor of three. BlackRock put the issuer-weighted default rate at 5.0% against 1.7% notional-weighted in Mar 2026, because the defaulters are mostly small borrowers (BlackRock).
- LME treatment moves it further. PitchBook counted LMEs as 69% of loan default activity by count in the 12 months to Aug 2025 (PitchBook), and Moody's counts about 65% of 2025 defaults as distressed restructurings (Moody's). Moody's private credit proxy rises from 1.6% to 4.7% once distressed exchanges are included (Moody's).
- The universe matters most in private credit. Fitch's own private credit series splits into 5.6% for model-based ratings and 8.5% for privately monitored ratings (Webull, secondary), while Proskauer's index sits at 2.5%.
For rescue capital the issuer-weighted, LME-inclusive measures are the relevant ones, because they capture the amend-and-extend and exchange activity that creates demand. Payment-only measures such as LCD's 0.87% describe the tail that reaches a missed coupon or a filing. This primer states the basis each time it cites a default rate.
How it works: the instruments
Market & InstrumentsRescue capital buys a company time and flexibility in exchange for a senior or contractually protected claim plus some share of the upside. The instruments differ in three ways that matter: where they rank, whether they pay in cash or in kind, and how much equity they take. Plain direct lending sets the benchmark: unitranche loans priced at 475–525bp over the base rate for non-software borrowers and 550bp+ for software in Q2 2026 (Eaton Vance). Rescue instruments price above that line because the borrower cannot reach it.
4.1 Where rescue capital sits in the capital structure
Rescue capital appears at every layer of the capital structure, and its position sets both its recovery and its leverage over the company. At the top, debtor-in-possession (DIP) loans prime existing liens in Chapter 11. Saks Global's US$1.75bn OpCo term loan paid SOFR+10% PIK plus 6% and 2% PIK fees and an 8% backstop (Debtwire). Below sit first-lien and junior secured rescue notes, then unsecured converts, then holdco PIK notes that are structurally subordinated to operating-company debt. Preferred stock and warrants sit just above the common and carry the most negotiated protections. NAV loans sit outside the company altogether, at the fund that owns it (section 4.8).
Exhibit 8: Rescue capital sits at every layer, from super-senior DIP loans to warrants on the common
Sources: Debtwire; company SEC filings (UWM Holdings, Hertz, Wolfspeed, Carvana, Peloton, Lucid); IFR (secondary); Eaton Vance. Example terms as cited in sections 4.2–4.8.
Two features cut across the stack. One financing often spans several layers: Hertz's 2024 package paired a US$750mm first-lien note with a US$250mm second-lien PIK exchangeable (Hertz 8-K). Equity kickers also travel down the stack, so a secured note can carry conversion rights and a preferred can carry warrants.
4.2 Rescue and structured preferred
Rescue preferred gives a company equity-like capital that does not count as debt, at a price close to distressed debt and with control rights close to a lender's. Terms are bespoke and usually combine a preferred coupon with warrants for upside (Proskauer). The largest managers are building for it: Apollo Hybrid Value Fund III closed at US$6.5bn on May 5, 2026, investing in "solutions that sit between traditional debt and equity" (Apollo). Apollo also booked record capital solutions fees of US$277mm in Q2 2026 (Apollo).
UWM Holdings shows the full toolkit. A US$603mm Q2 2026 hedge loss on its mortgage servicing book triggered the deal (HousingWire, secondary). Oaktree and the Ishbia family then provided US$1.65bn of preferred inside a US$2.05bn package (UWM Holdings 8-K). Proceeds go partly to redeem US$500mm of 5.75% notes due 2027 (UWM Holdings 424B5).
Exhibit 9: UWM–Oaktree layers a minimum return, rising call premiums, warrants and a path to control on one preferred
| Term | UWM Holdings Series A preferred (closed Aug 5, 2026) |
|---|---|
| Size | US$1.65bn: US$1.5bn Series A-1 (Oaktree), US$150mm Series A-2 (Ishbia/SFS); US$1,000 stated value |
| Dividend | 10% cash or 13% PIK, compounding quarterly; A-1 cash-only after year 5 |
| Minimum return | 1.4x MOIC on a liquidation event before the 2nd anniversary, counting cash dividends |
| Optional redemption | Accreted value plus a premium of 10% in year 1, rising 10 points a year to 60% on or after the 5th anniversary, then 10 points more for each year after the 6th |
| Warrants | 330mm, 10-year, cash exercise: 165mm at US$2.00, 165mm at US$6.00; 4.99% ownership blocker |
| Conversion | None; upside comes only through detachable warrants |
| Governance | 2 board seats; board majority at year 7 or on a Special Event of Noncompliance |
| Forced exit | A-1 majority can require a "Liquidity Transaction" to redeem in full from year 7 or on noncompliance |
| Covenants | Minimum tangible book value, minimum liquidity, maximum leverage; consent over senior securities, debt and asset sales |
| Rights offering | US$400mm at the greater of US$2.00 or 85% of 10-day VWAP, Oct 5–Nov 12, 2026; Oaktree first right to backstop, Ishbia commits the rest |
Sources: UWM Holdings 8-K (Aug 2026); UWM Holdings press release, ex-99.2.
Each layer protects a different scenario. The 13% PIK option accretes to only 1.29x after two years, so the 1.4x floor is what pays Oaktree if UWM Holdings refinances early (author's arithmetic). The rising call premium then makes each year of delay more expensive for the company. KBW estimates dilution of about 55% (HousingWire, secondary), and the payoff math is worked through in section 6. Oaktree has done this with UWM Holdings before: a US$300mm loan in 2020 carried a 15.5% coupon, was repaid in about four months and returned about 1.5x (Bloomberg via Advisor Perspectives, secondary).
Rule of thumb (author's): Value a rescue preferred at the greater of its minimum MOIC and its accreted value plus the call premium, then add the warrants; expect the issuer to refinance once cheaper capital can repay that sum.
4.3 Convertible preferred and PIPEs
Convertible preferred sold privately to one investor (a PIPE) spans growth and rescue capital, and the coupon shows which is which. QXO's Apollo-led preferred pays 4.75% to fund acquisitions (QXO). Lucid's preferred from PIF affiliate Ayar pays 9% PIK and builds a minimum return into its liquidation multiplier (Lucid 8-K). Accuray sits at the distressed end: its lenders converted debt into preferred and took penny warrants (Accuray SPA).
Exhibit 10: Coupon, PIK and governance rise as the issuer's options narrow
| Issuer (date) | Investor | Size (US$mm) | Dividend | Upside | Protection and purpose |
|---|---|---|---|---|---|
| UWM Holdings (Aug 2026) | Oaktree; Ishbia/SFS | 1,650 | 10% cash / 13% PIK | 330mm warrants at US$2.00 and US$6.00 | 1.4x minimum MOIC; path to board control; rescue after hedge loss |
| Lucid Group (Mar 2024) | PIF (Ayar) | 1,000 | 9% PIK, quarterly | Converts at US$3.5952 (~278mm shares, ~12% of outstanding) | Liquidation preference at greater of accreted value × multiplier or as-converted; shareholder support |
| QXO (Jan 2026) | Apollo-led group | 1,200 | 4.75% | Converts at US$23.25 | Perpetual; funds on closing a qualifying acquisition; growth capital |
| Accuray (Jul 2026) | Lender group | 55 | Set in certificate of designation | Penny warrants on 15,253,473 shares | US$15mm cash plus US$40mm debt converted; preferred directors; needs reverse split |
Sources: UWM Holdings 8-K; Lucid 8-K; QXO press release; Accuray SPA, ex-99.
Creditors also receive convertible preferred as restructuring currency. In New Fortress Energy's 2026 plan, creditors take 65% of the common plus a preferred that converts to 87% at year 3 (New Fortress Energy).
Rule of thumb (author's): A mid-single-digit cash coupon with a conversion premium is growth capital; a high-single-digit or double-digit PIK coupon with a minimum-return multiplier or penny warrants is rescue capital, whatever the label.
4.4 PIK, PIK toggle and holdco PIK
Payment-in-kind interest adds unpaid interest to principal, so a borrower conserves cash while the lender's claim compounds. Lincoln International found PIK in 11.1% of private loans in Q2 2026 (Lincoln International). More than half of that was "bad PIK," added by amendment after origination, equal to 6.2% of all loans (Lincoln International). The Boston Fed measures the PIK share of BDC loans at about 10% in Q1 2026, up from about 6% in Q1 2022 (Boston Fed).
PIK comes in three forms:
- Toggle at origination. Large borrowers negotiate it up front: toggles appeared in 41% of large-market deals against 7% of middle-market deals in 2024 (S&P/Golub via ABF Journal, secondary).
- PIK by amendment. This form signals stress: loan-to-value on amended loans rose from 49% at close to 86% in Lincoln's Q1 2025 sample (ABF Journal, secondary).
- Holdco PIK. The note sits above the operating company and relies on its dividends or a sale. Verisure's €1bn holdco toggle paid 5.625% cash or 6.375% PIK, secured on Hellman & Friedman's 43.7% stake in the listed company (IFR, secondary).
Rescue deals use PIK for a defined window. Carvana's 2031 exchange notes paid 14% PIK for four coupons before switching to 9% cash (Carvana 8-K). PIK remains a small share of BDC earnings, at about 2–4% of total investment income in Q1 2026 (Eaton Vance).
Rule of thumb (author's): Ask when the PIK was agreed. PIK written in at origination is a structuring choice; PIK added by amendment is a default deferred, and the lender should underwrite it as one.
4.5 Secured rescue debt and exchange notes
Secured rescue debt trades collateral and a higher coupon for runway, either as new money or by exchanging unsecured bonds into secured paper. Carvana's 2023 exchange, IFR's Americas Restructuring deal of the year, moved unsecured holders into three secured tranches with PIK periods (IFR, secondary). It cut total debt by more than US$1.2bn and cash interest by more than US$430mm a year for two years (CNBC, secondary). Wolfspeed shows the limit of the tool: its 2023 secured notes carried a US$500mm minimum liquidity covenant (Wolfspeed 8-K), yet the company filed for Chapter 11 on Jun 30, 2025 and cut debt by about 70% (Wolfspeed 8-K).
Exhibit 11: Rescue debt pairs collateral and step-up coupons with PIK or equity-linked features
| Issuer (date) | Instrument | Key terms | Outcome |
|---|---|---|---|
| Carvana (Aug 2023) | Unsecured exchanged into senior secured notes | 2028: 9%/12% cash/PIK (up to US$1.0bn); 2030: 11%/13% (up to US$1.5bn); 2031: 9%/14% (up to US$1.775bn), PIK first then cash | Debt down >US$1.2bn; cash interest down >US$430mm a year for two years |
| Wolfspeed (Jun 2023) | Senior secured notes | US$1.25bn plus US$750mm accordion; 9.875% stepping to 11.875%; 3-year make-whole; US$500mm minimum liquidity | Chapter 11 Jun 30, 2025; debt cut ~70% |
| Hertz (Jun 2024) | First-lien notes plus second-lien PIK exchangeable | US$750mm 12.625% 2029; US$250mm 8% PIK 2029, exchange ~US$6.6252 (~89% premium) | Proceeds paid down revolver |
| AMC (Jul 2024) | Second-lien exchange plus term loan | US$414mm 10%/12% 2026 notes into 6%/8% PIK toggle exchangeables 2030; US$1.2bn term loan at SOFR+600–700bp | Further LME in Jul 2025: US$223.3mm new money; US$590mm notes into US$825.1mm secured |
| Peloton (May 2024) | Converts plus term loan | US$350mm 5.50% converts 2029 at US$4.58 (~40% premium); US$1.0bn 5-year term loan; US$100mm revolver | ~US$800mm of 0% 2026 converts repurchased at a discount |
Sources: Carvana 8-K; CNBC (secondary); Wolfspeed 8-K (2023); Wolfspeed 8-K (2025); Hertz 8-K; AMC (2024); AMC 8-K (2025); Peloton pricing; Peloton completion.
The same issuers recur because rescue debt often buys one round of time, not a cure: AMC returned for a second liability management exercise (LME) a year after its first (AMC 8-K). Section 7 covers how exchanges become coercive.
Rule of thumb (author's): Compare the runway the new debt creates with the time the business needs to recover; if the step-up coupons arrive before the recovery, the exchange has only moved the default date.
4.6 Convertibles and capped calls
Convertibles let a stressed issuer pay a low cash coupon by selling upside, and they become the natural currency for later exchanges. US convertible issuance reached US$84.8bn by Nov 7, 2025, above the US$71.8bn total for 2024 (IFR, secondary). Issuers often buy a capped call from banks to lift the effective conversion price. IREN paid US$56.7mm, about 5.7% of a US$1.0bn 0% issue, to raise its cap to a 100% premium from a 42.5% conversion premium (IREN 8-K). In stress the same structure reverses. Hertz's exchangeable struck at about an 89% premium sits in second lien and pays 8% PIK, so its holders own a secured claim first and an option second (Hertz 8-K). Peloton used new converts and a term loan to buy back about US$800mm of 0% converts at a discount (Peloton).
Rule of thumb (author's): A convert trading well below par is unsecured debt with a lottery ticket attached; price it on recovery, and treat the issuer's discounted buyback as the first step of a restructuring.
4.7 Sale-leasebacks, royalties and synthetic equity
Asset-level financing raises cash against owned property, future revenue or a share of a project without issuing corporate debt or equity. Big Lots sold a distribution center and 26 owned stores to Blue Owl affiliates for US$318mm gross in Jul 2023, using US$100mm to repay a synthetic lease and the rest to pay down its asset-based loan (Big Lots 8-K). Synthetic royalties play the same role for public biotechs. Covington's study of 58 deals from 2019–2024 found a median starting royalty of 7.0%, returns capped in 72% of deals at a median 1.95x for approved products, and security in 81% of deals (Covington). At the largest scale, Intel sold an interest in operating rights at its Fab 34 plant through its SCIP program (Intel 10-K), reported as US$11bn from Apollo for 49% (Manufacturing Dive, secondary).
Rule of thumb (author's): A sale-leaseback swaps an unencumbered asset for a senior rent claim; it rescues a company only if the cash fixes the problem faster than the rent consumes it.
4.8 NAV loans and GP-level solutions
NAV loans and continuation vehicles fund rescues one level up, at the private equity fund rather than the company. NAV lenders lend against a portfolio's value at low leverage. Primary NAV spreads mostly sat below 5% over the benchmark in 2025, clustered at 4–5%, with 57% of responses citing LTVs below 5% and 32% at 5–10% (Proskauer). The rescue link is the use of proceeds: 19% of primary NAV borrowing went to managing portfolio-company debt, behind follow-on investments at 45% (Proskauer). Continuation vehicles do the same through equity. GP-led secondaries reached US$115bn of a US$240bn market in 2025 (Jefferies) and US$62bn of US$118bn in H1 2026 (Jefferies). Continuation vehicles were 89% of GP-led volume in H1 2026, and 68% of those held a single asset (Jefferies).
Rule of thumb (author's): With about nine in ten primary NAV survey responses below 10% loan-to-value (author's arithmetic), the loan itself is rarely the risk; the risk is the weakest portfolio company the proceeds are propping up.
Instruments compared
Seniority and upside move in opposite directions across the toolkit, and the providers sort accordingly.
Exhibit 12: Each rescue instrument trades seniority for upside in a different proportion
| Instrument | Seniority | How it pays | Upside | Typical providers | Example |
|---|---|---|---|---|---|
| DIP loan | Super-senior, court-approved | SOFR spread, often PIK, plus commitment, backstop and exit fees | Fees; roll-up of prepetition debt | Prepetition lenders (13 of 16 DIPs, Jan–Feb 2026) | Saks Global |
| Secured rescue or exchange notes | First or second lien | Step-up cash, PIK windows | Exchangeable features; discount capture | Credit funds, existing holders | Carvana, Wolfspeed, Hertz |
| Holdco PIK and toggle | Structurally subordinated | PIK or cash at issuer option | None beyond par and call | High-yield and private credit funds | Verisure holdco |
| Convertibles and exchangeables | Unsecured (secured if exchanged) | Low cash coupon | Conversion option | Convertible funds; banks on capped calls | Peloton, IREN |
| Rescue preferred plus warrants | Above common, below all debt | 10–13% cash or PIK | Warrants, call premiums, control triggers | Opportunistic and hybrid funds | UWM Holdings–Oaktree |
| Convertible preferred PIPE | Above common | 4.75–9%, cash or PIK | Conversion | Strategic holders, alternative managers | Lucid–PIF, QXO–Apollo |
| Sale-leaseback, royalty | Asset-level; senior on the asset | Rent or revenue share (median 7.0% royalty) | Capped (median 1.95x approved) | Real-asset and royalty investors | Big Lots–Blue Owl |
| NAV loan, continuation vehicle | Fund level, outside the company | Spread mostly <5% (NAV loan) | CV equity upside | Banks, NAV lenders, secondary funds | GP-led market US$62bn (H1 2026) |
Sources: Debtwire; company SEC filings as cited in Exhibits 9–11; IFR (secondary); Covington; Proskauer; Jefferies. Provider categories are the author's classification.
Customers and demand drivers
Market & InstrumentsDemand for rescue capital comes from issuers that need money they cannot raise on ordinary terms, and in 2026 that group is widening even as spreads stay near their lows. Five customer types account for most of it, and seven drivers explain why their numbers are rising.
5.1 Who needs the capital
Sponsor-backed private companies are the largest pool of potential demand. KBRA DLD's sample alone covers 2,416 sponsored middle-market borrowers carrying more than US$1tn of direct lending debt, and 25% of them had interest coverage below 1.0x at Q4 2025 (KBRA). These borrowers typically turn first to their lenders for PIK amendments, then to junior capital or a sponsor equity cure.
Public issuers facing maturities buy time with secured exchanges and preferred equity. Carvana exchanged about US$5.2bn of unsecured notes into new secured notes in 2023, covering more than 83% of its 2025 and 2027 maturities (CNBC, secondary). UWM Holdings is using part of its 2026 preferred and rights-offering proceeds to redeem US$500mm of 5.75% notes due 2027 (UWM 424B5).
Companies hit by a sudden shock need capital in weeks. UWM's rescue followed a US$603mm Q2 2026 hedge loss (HousingWire, secondary; terms in section 4). Spirit Airlines shows the failure case: a fuel-price spike tied to the Iran conflict pushed it into a wind-down in May 2026 after a possible US$500mm government investment fell through (Octus, secondary).
Private equity GPs and their funds are customers in their own right. Unsold portfolios push sponsors toward NAV loans, continuation vehicles and preferred equity at the fund level. In Proskauer's 2025 NAV survey, 19% of primary NAV proceeds went to portfolio-company debt management (Proskauer).
Banks partner rather than compete. Instead of holding riskier credit on balance sheet, large banks have formed origination ventures with alternative managers: Citi with Apollo (US$25bn), JPMorgan (US$50bn of balance sheet plus about US$15bn from co-lenders) and Wells Fargo with Centerbridge (ABF Journal, secondary). The Wells Fargo–Centerbridge venture has completed more than US$7bn of deals since launch (Bloomberg, secondary).
Exhibit 13: Five customer types need rescue capital for different reasons
| Customer | Typical trigger | Usual tools | Example |
|---|---|---|---|
| Sponsor-backed private company | Coverage below 1.0x after rate rises; covenant pressure | PIK amendment, junior capital, structured equity, A&E | 25% of KBRA sample below 1.0x (Q4 2025) |
| Public issuer facing maturities | Bonds due within 1–3 years; unsecured debt trading at a discount | Secured exchange, PIK toggle notes, preferred plus warrants | Carvana (2023); UWM 2027 notes |
| Company after a shock | Sudden loss, liquidity squeeze, sector event | Rescue preferred, rights offering, DIP if in court | UWM hedge loss (2026); Spirit (2026) |
| PE GP or fund | Exit backlog, low distributions, portfolio support needs | NAV loan, continuation vehicle, fund-level preferred | 19% of NAV proceeds for portfolio debt (2025) |
| Bank | Capital cost of holding riskier loans | Origination partnership, risk sharing with managers | Citi–Apollo; Wells Fargo–Centerbridge |
Sources: KBRA; CNBC (secondary); UWM 424B5; HousingWire (secondary); Octus (secondary); Proskauer; ABF Journal (secondary). Links in text. Categories are the author's.
5.2 Demand drivers
Higher rates are the root driver because floating-rate borrowers absorbed them directly. The Fed raised its target range by 25bp to 3.75–4.00% on Sep 16, 2026, noting that inflation "remains elevated" (Federal Reserve), and the 10-year Treasury yield reached 5.27% on Oct 6, 2026 (US Treasury). KBRA's median middle-market coverage of 1.5x leaves little room for further increases (KBRA).
PIK creep shows lenders deferring cash interest rather than recognizing losses. Lincoln International finds PIK in 11.1% of private loans in Q2 2026, and "bad PIK" added after origination in 6.2% of all loans (Lincoln). The Boston Fed measures the PIK share of BDC loans at about 10% in Q1 2026, up from about 6% in Q1 2022 (Boston Fed). On loans amended to allow PIK, loan-to-value rose from 49% at close to 86% (ABF Journal, secondary) (author's inference: little equity cushion remains). BDC non-accruals rose to 2.75% of cost in Q2 2026 from 1.81% in Q1 (KBRA via Alternative Credit Investor, secondary).
The maturity wall builds from 2027. S&P's mid-2025 chart shows global speculative-grade nonfinancial maturities rising from about US$400bn in 2026 to about US$1.0tn in 2029 (S&P Global Ratings via Maalot, read from chart). BofA puts 25% of US high-yield par maturing in 2029 and 19% in 2030 (BofA via Eaton Vance).
The private equity exit backlog keeps weak companies in sponsor hands. Bain counts 32,000 unsold companies worth US$3.8tn, with distributions at 14% of NAV in 2025, below 15% for a fourth straight year (Bain). Secondaries absorb part of the pressure: volume reached US$240bn in 2025, of which GP-led deals were US$115bn (Jefferies), and US$118bn in H1 2026, of which GP-led deals were US$62bn (Jefferies).
Bank retrenchment from riskier lending shifts that demand to private managers. The partnerships in section 5.1 are the visible form, described as origination infrastructure "that neither could construct alone" (ABF Journal, secondary). Regulatory context is in section 9.
Software is the sector most exposed to private credit stress. The BIS estimates software-as-a-service loans at more than US$500bn, or 19% of direct loans, at end-2025 (BIS). Software is 20–24% of private credit against 3% of high yield and 13% of loans, according to CI GAM (CI GAM). As AI disruption fears repriced the sector, the average software loan bid fell to 87.71 and spread-to-maturity widened to 809bp in May 2026, 395bp wider than in Dec 2025 (Alvarez & Marsal). Software and second-lien exposure accounted for 89% of the year-on-year rise in top BDCs' distressed positions (PitchBook). Fitch recorded no software defaults among privately monitored borrowers in 2025 (IDN Financials, secondary), so the stress so far shows in prices and PIK rather than defaults.
Tight spreads coexist with elevated defaults, which favors private rescue over public refinancing. The ICE BofA US high-yield spread was 3.12% on Oct 5, 2026, near its 2026 low of 2.60% (FRED), yet issuer-weighted default rates exceed 5% (see Exhibit 7). Healthy issuers refinance cheaply in public markets, while the CCC tier, at a 12.02% spread on Oct 2, 2026 (FRED), is left to private capital. S&P counted 372 large US corporate bankruptcies in H1 2026, the highest first half since 2010 (CFO Dive, secondary).
Exhibit 14: Cycle indicators point to rising demand despite tight headline spreads
| Indicator | Latest | Reference | Read for demand | Source |
|---|---|---|---|---|
| Fed funds target | 3.75–4.00% | +25bp, Sep 16, 2026 | Higher floating-rate burden | Fed |
| 10-year Treasury | 5.27% (Oct 6, 2026) | 5.31% (Oct 5) | Raises refinancing cost | Treasury |
| US HY OAS | 3.12% (Oct 5, 2026) | 2026 low 2.60% (Aug 28) | Open market for stronger issuers | FRED |
| CCC and lower OAS | 12.02% (Oct 2, 2026) | n/a | Weakest tier priced near rescue cost | FRED |
| Loan distress ratio (<80) | 6.89% (Jul 2026) | n/a | Pipeline of discounted loans | PitchBook LCD |
| Large US bankruptcies | 372 (H1 2026) | 371 (H1 2025) | In-court DIP and exit demand | CFO Dive (secondary) |
| PIK share of private loans | 11.1%; bad PIK 6.2% (Q2 2026) | 10.8%; 5.9% (Q1 2026) | Deferred stress awaiting resolution | Lincoln |
| BDC non-accruals | 2.75% of cost (Q2 2026) | 1.81% (Q1 2026) | Lender losses emerging | ACI (secondary) |
| Coverage below 1.0x | 25% of borrowers (Q4 2025) | Median 1.5x | Candidates for new money | KBRA |
| Software loan spread | 809bp (May 2026) | +395bp vs Dec 2025 | Sector repricing | A&M |
| PE distributions / NAV | 14% (2025) | <15% for 4 years | Sponsor liquidity need | Bain |
| GP-led secondaries | US$62bn (H1 2026) | US$115bn (2025) | Fund-level solutions demand | Jefferies |
Sources: as linked in each row. Default rates are in Exhibit 7. "Read for demand" is the author's interpretation.
Payoff mechanics and valuation
Market & InstrumentsA rescue investor earns its return from a stack of contractual layers rather than from the coupon alone: compounding PIK, a minimum-return floor, a rising call premium, warrants and control rights. Each layer is a transfer from common shareholders, and the issuer accepts them only when the capital is worth more than the transfer. This section prices those layers with the UWM–Oaktree terms (see section 4.2) and generic inputs. All figures below are author's arithmetic unless a source is shown, and none uses UWM Holdings' actual share price or share count.
6.1 PIK accretion and the minimum-MOIC floor
The floor, not the coupon, sets the early-exit return. UWM's Series A pays 10% a year in cash or 13% in kind, compounding quarterly, with a 1.4x minimum MOIC if a Liquidation Event occurs before the second anniversary (UWM Holdings 8-K). Quarterly compounding lifts 13% to an effective 13.6% a year, yet full PIK accretes stated value to only 1.29x by month 24 (author's arithmetic). PIK alone would not reach 1.4x until about 2.6 years, so the floor adds about 0.11x at month 24 and about 0.26x at month 12 (author's arithmetic). A Liquidation Event at month 12 would therefore return 1.4x, a 40% IRR, against 1.25x on an optional call at the year-1 premium.
Exhibit 15: Compounding PIK reaches 1.9x in five years, but the 1.4x floor binds on a Liquidation Event before year 2
| Redeemed just before anniversary | Accreted value, 13% PIK (x) | Minimum MOIC (x) | Call premium (%) | Call price, all PIK (x) | IRR at call, all PIK (%) | Cash-pay MOIC incl. premium (x) | IRR at call, cash pay (%) |
|---|---|---|---|---|---|---|---|
| Year 1 | 1.14 | 1.40 | 10 | 1.25 (1.40)*† | 25.0 (40.0)*† | 1.20 (1.40)*† | 20.7 (41.4)*† |
| Year 2 | 1.29 | 1.40 | 20 | 1.55* | 24.5* | 1.40* | 19.8* |
| Year 3 | 1.47 | n/a | 30 | 1.91 | 24.0 | 1.60 | 19.0 |
| Year 5 | 1.90 | n/a | 50 | 2.84 | 23.2 | 2.00 | 17.7 |
| Year 6 | 2.15 | n/a | 60 | 3.45‡ | 22.9‡ | 2.20 | 17.1 |
| Year 7 | 2.45 | n/a | 70 | 4.16‡ | 22.6‡ | 2.40 | 16.6 |
Source: author's arithmetic on terms in the UWM Holdings 8-K (Aug 2026). Inputs: US$1,000 stated value = 1.00x; 13% PIK or 10% cash, paid or accreted quarterly; premium applied to accreted value; premium of 10% in year 1 rising 10 points a year to 60% on or after the fifth anniversary and 70% after the sixth; cash coupons summed without reinvestment. * Optional redemption in years 1–2 is restricted to cases meeting net income and share-count conditions. † Figures in parentheses apply if a Liquidation Event before the 2nd anniversary triggers the 1.4x floor, which counts cash dividends paid. ‡ Series A-1 dividends must be paid in cash at 10% after year 5, so all-PIK figures from year 6 are hypothetical.
The table shows why the 10% cash option is the cheaper path for the issuer: over five years it sums to 0.50x of cash, against 0.90x of accretion under PIK (author's arithmetic).
Rule of thumb (author's): 13% PIK compounded quarterly roughly doubles a claim in about 5.4 years; any floor above about 1.3x at year 2 is worth more than the coupon in an early exit.
6.2 Call premiums and the refinancing incentive
A rising call schedule makes each year of delay more expensive for the issuer. UWM's optional redemption pays stated value plus accrued dividends plus a premium of 10% in year 1 that rises 10 points a year (UWM Holdings 8-K). Conventional high-yield calls run the other way: Wolfspeed's 2023 secured notes carried a make-whole to year 3, then a call at 109.875% stepping down (Wolfspeed 8-K). A step-down schedule rewards the issuer for waiting. A step-up schedule penalizes it, so the issuer should refinance as soon as its credit allows, and the investor's expected life shortens to the restricted window in years 1–2 or soon after. Exhibit 15 shows the result: an all-PIK call costs the issuer a 23–25% IRR in every year through year 5, so waiting never cheapens the exit (author's arithmetic).
The holder's value equals the present value of the lesser of the call price and the hold-to-maturity value, plus the warrants. At year 7, or earlier on a Special Event of Noncompliance, the Series A-1 majority can also force a Liquidity Transaction whose proceeds redeem it in full at the redemption price (UWM Holdings 8-K). That right converts a perpetual instrument into one with a hard date.
Rule of thumb (author's): a step-up call schedule signals that both sides expect a take-out within two to three years; price the preferred to that date, not to perpetuity.
6.3 Warrants and dilution
Long-dated, low-strike warrants are close to equity. UWM issued 330 million 10-year warrants, half struck at US$2.00 and half at US$6.00, cash exercise only, with the strike reduced dollar for dollar by cash dividends (UWM Holdings 8-K). Black-Scholes values a call as C = S·N(d1) − K·e−rT·N(d2), and a warrant as about C × n/(n + m), where n is shares outstanding and m is new warrant shares. Exhibit 16 uses an illustrative US$5.00 share price, not UWM's, with the 10-year Treasury at 5.27% (US Treasury, Oct 6, 2026) as the risk-free rate and no dividend yield.
Exhibit 16: A US$2.00-strike, 10-year warrant is worth 80–86% of the share; treasury-stock dilution rises with the share price
| Panel A: warrant value at S = US$5.00 | Strike US$2.00 | Strike US$6.00 |
|---|---|---|
| Call value, 40% volatility (US$) | 3.99 | 2.81 |
| Call value, 60% volatility (US$) | 4.28 | 3.57 |
| Share of stock price, 40–60% volatility (%) | 80–86 | 56–71 |
| Warrant value after dilution, n = 1,000, m = 200, 40% volatility (US$) | 3.32 | 2.34 |
| Panel B: dilution, 1,000 shares plus 200 warrants | S = US$3.00 | S = US$5.00 | S = US$8.00 |
|---|---|---|---|
| Penny warrants, K ≈ 0 (% of enlarged shares) | 16.7 | 16.7 | 16.7 |
| K = US$2.00 (%) | 6.2 | 10.7 | 13.0 |
| K = US$6.00 (%) | 0.0 | 0.0 | 4.8 |
Source: author's arithmetic. Panel A: Black-Scholes, T = 10 years, r = 5.27% (US Treasury, Oct 6, 2026), no dividends; strikes from the UWM Holdings 8-K; share price, volatility and share counts are generic. Panel B: treasury-stock method, net new shares = m − m × K/S when S > K.
The treasury-stock method understates the economic cost because it ignores time value: at a US$5.00 share price the US$6.00 warrants add no shares on paper, yet Panel A values each at US$2.81–3.57. Penny warrants dilute almost one for one, which is why lender groups use them in debt-for-equity rescues such as Accuray's 15,253,473 penny warrants (Accuray SPA). For UWM itself, KBW estimated dilution of about 55% (HousingWire, secondary).
Rule of thumb (author's): value a 10-year warrant struck at 40% of the share price as about 80% of a share, and one struck at the share price as about 60–75%.
6.4 How value transfers from common
Common holders pay four ways, and gain only if the capital prevents larger distress costs. The warrant value is a direct transfer. A 10–13% coupon costs far more than growth capital: Apollo's convertible preferred for QXO pays 4.75% (QXO). Call premiums, the minimum MOIC and the forced-sale right shift control toward the investor. A rights offering priced below market adds a fourth transfer: UWM's US$400mm offering is priced at the greater of US$2.00 or 85% of the 10-day VWAP, and Oaktree holds the first right to backstop it (UWM Holdings 8-K). In Chapter 11, backstop parties' all-in compensation averaged 20.1% of capital raised across 49 cases since 2016 (Buccola et al.).
Exhibit 17: The coupon is the smallest of several return sources in a rescue preferred
| Return source | Mechanism | UWM–Oaktree term | Benchmark |
|---|---|---|---|
| Coupon | Cash or compounding PIK | 10% cash / 13% PIK, quarterly | Lucid–PIF 9% PIK; QXO–Apollo 4.75% |
| Minimum MOIC | Floor on an early Liquidation Event | 1.4x before year 2 | Royalty caps: 1.95x median, approved products |
| Call premium | Step-up penalty on redemption | 10% rising to 60% from the 5th anniversary, then 10 points a year after the 6th | Wolfspeed: 109.875% stepping down |
| Warrants | Equity upside | 330 million, US$2.00 and US$6.00 | Accuray: penny warrants |
| Backstop | Discounted shares, fees | First right on US$400mm at up to 15% below VWAP (US$2.00 floor) | Brattle median fee 7%, discount 32% |
| Control | Board, consents, forced sale | 2 seats; majority at year 7 or on noncompliance | Accuray "Preferred Directors" |
Sources: UWM Holdings 8-K; Lucid 8-K; QXO; Covington (2019–2024 deals); Wolfspeed 8-K; Accuray SPA; Brattle (15 Chapter 11 rights offerings, 2007–2018).
6.5 Underwriting the downside
Rescue investors underwrite recovery through covenants and control as much as through collateral. UWM's preferred is unsecured equity, so Oaktree relies on consent rights over senior or parity securities, debt above leverage thresholds, restricted payments and asset sales, backed by minimum tangible book value, minimum liquidity and maximum leverage covenants (UWM Holdings 8-K). A breach accelerates the board-majority and forced-sale rights, so the downside case ends in investor control rather than in a court queue. Secured rescue debt uses collateral and liquidity tests instead: Wolfspeed's notes carried a US$500mm minimum liquidity covenant (Wolfspeed 8-K), and 81% of synthetic royalty deals in 2019–2024 were secured (Covington). Wolfspeed still filed for Chapter 11 on Jun 30, 2025 (Wolfspeed 8-K), a reminder that covenants convert a failure into control but cannot prevent it (see section 12).
Liability management exercises
LMEs & CourtLiability management exercises (LMEs) have become the main way US leveraged borrowers default. LMEs accounted for 69% of loan default activity by count in the 12 months to Aug 2025 (PitchBook), and distressed restructurings made up about 65% of 2025 defaults (Moody's). An LME uses the borrower's existing documents to raise new money or cut debt without a court, usually with the support of a lender majority and often at the expense of a minority. The record so far is mixed: LMEs buy time, but most borrowers that use them default again.
7.1 Why LMEs exist
Three features of modern credit documents make LMEs possible.
- Loose covenants leave room to move assets. J.Crew moved more than 70% of its domestic trademarks, worth about US$250mm, through a US$150mm non-guarantor investment basket and a US$100mm general basket (King & Spalding).
- Majority amendments let a bare majority rewrite the deal. In TriMark, majority amendments stripped the protections against priming and subordination and added barriers to suit (Alston & Bird).
- Exceptions to pro rata sharing let the borrower deal with some lenders only. Mitel's credit agreement allowed the borrower to "purchase" loans "at any time" with no "open market" qualifier (Mayer Brown).
Lenders now track these gaps by name: Serta, J.Crew, PetSmart/Chewy, Envision, MFN carve-outs and "pick-your-poison" provisions (LSTA/LMA panel, Covenant Review data).
7.2 The playbook
Every LME gives new money or better priority to the lenders that take part. Excluded lenders pay for it through structural subordination, lien subordination or a second claim on the same collateral. Five structures dominate.
- Drop-down. The borrower moves valuable assets to a subsidiary outside the credit group and raises new debt against them. J.Crew's unrestricted subsidiary raised US$300mm of new loans against the moved IP (King & Spalding). Optimum Communications (Altice USA) completed a drop-down of about US$2bn in Nov 2025 (Octus).
- Non-pro-rata uptier. A lender majority amends the documents to permit new super-priority debt, then swaps its own loans into it. Excluded lenders keep their old claim, which now ranks behind. Serta Simmons Bedding is the template (Exhibit 18).
- Double-dip and pari-plus. A non-guarantor subsidiary issues new debt and on-lends the proceeds to the credit group, and existing group entities guarantee the new debt. New lenders then hold two claims against the same collateral (Reorg). Pari-plus takes the guarantee or collateral from entities outside the credit group instead (Reorg).
- Amend-and-extend (A&E) and equity handovers. Lenders extend maturities or swap debt for equity on consensual terms. These became the dominant tools in H1 2026, while "coercive uptier structures that defined 2025 have all but vanished" (9fin).
- DIP roll-up. In Chapter 11, prepetition lenders that fund the debtor-in-possession (DIP) loan convert old debt into super-priority DIP claims. Roll-ups act as an in-court LME (section 8).
The excluded lenders' loss is the participants' gain. In Serta, participants recovered 79.5% against 1.5% for excluded lenders (Crowell & Moring).
Exhibit 18: Three ways to move value from excluded lenders to participants
Sources: King & Spalding (J.Crew); Serta Simmons Bedding; Reorg (double-dip, At Home). Diagram simplified by the author.
Exhibit 19 shows that each structure exploits a different gap. The landmark deals map onto the litigation that followed (see section 9).
Exhibit 19: Each LME type exploits a different gap in the documents
| Type | Gap exploited | Landmark deals | Key terms | Court outcome |
|---|---|---|---|---|
| Drop-down | Investment baskets; unrestricted-sub designation | J.Crew (2016–17); Altice France (2024); Optimum (Nov 2025) | J.Crew: ~US$250mm IP moved, US$300mm new loans; 99.9% exchange participation | AMC drop-down challenge settled Jun 2025 |
| Non-pro-rata uptier | Majority amendments; open-market purchase exception | Serta (Jun 2020); TriMark (2020); Boardriders (2020); Mitel (2022); Rackspace (Mar 2024) | Serta: US$200mm new money, US$875mm second-out at 74 (1L) and 39 (2L) | Serta breached pro rata (5th Cir.); Mitel upheld (N.Y. App. Div.) |
| Double-dip / pari-plus | Non-guarantor issuer; intercompany loans; guarantees | At Home, Wheel Pros (double-dip); Sabre, Trinseo (pari-plus) | Sabre: US$1bn new pari-plus debt (2025); Trinseo: ~US$1.5bn intercompany claims disputed | Trinseo confirmation under advisement since Aug 19, 2026 |
| A&E / equity handover | None; consensual | Dominant form in H1 2026 | Maturity extension or debt-for-equity swap | Little litigation |
| DIP roll-up | Court approval of super-priority DIP | First Brands (2025); Anthology (2025) | First Brands: US$1.1bn new money, US$3.3bn roll-up (~3:1) | Anthology dispute settled; Del Monte claims partly dismissed |
Sources: King & Spalding; Reorg/Octus; Octus; Serta Simmons Bedding; Mayer Brown; Reorg; BankruptcyData; 9fin; Octus; Morgan Lewis; Cleary Gottlieb.
Discounts are the participants' main source of value. Serta's exchange prices captured a 26% discount on first-lien debt and a 61% discount on second-lien debt, cutting net debt by about US$400mm (Serta Simmons Bedding). In Rackspace, non-ad-hoc creditors received about 17% less consideration than under equal treatment, and the ad hoc group improved its recovery by about 7% (Reorg/Octus). No cross-market average haircut is publicly available. The examples point to discounts of about 20–30% on senior debt and about 60% on junior debt (author's arithmetic from the Serta and Rackspace terms).
Rule of thumb (author's): in a non-pro-rata deal, an excluded lender should expect to lose most of its claim. Participation is worth more than the exchange price suggests.
7.3 Volume and outcomes
On the Octus count, LME volume peaked in 2024, and most borrowers that completed one later re-defaulted or filed. Counts differ by provider because each defines an LME differently. Octus counted 23 uptiers, drop-downs and pari-plus deals in 2023, 34 in 2024 and 28 in 2025, with 18 of the 2025 deals in H1 (7 in Q1 and 11 in Q2) (Octus). 9fin counted 25 completed LMEs in H1 2026 against 24 in H1 2025 under a different definition (9fin). Exhibit 20 brings the outcome data together.
Exhibit 20: LMEs dominate defaults, and most borrowers default again
| Measure | Reading | Period / basis | Source |
|---|---|---|---|
| LME count | 23 / 34 / 28 | 2023 / 2024 / 2025; uptiers, drop-downs, pari-plus | Octus |
| LME count | 25 vs 24 | H1 2026 vs H1 2025; completed LMEs | 9fin |
| LME count | 47, of which 37 with an uptier element | 2025; Covenant Review tracked deals | Ropes & Gray |
| Share of loan default activity | 69% | 12 months to Aug 2025; by count | PitchBook |
| Distressed restructurings, share of defaults | ~65% | 2025 | Moody's |
| Re-default | ~46% already re-defaulted | 2023 distressed exchanges, as of Apr 2025 | Bloomberg Law (Moody's), secondary |
| Post-LME path | 33% filed; 56% re-defaulted or CCC+ or below; 10% repaid or B- or better | S&P, Feb 2025 | Wellington (S&P) |
| Filed for bankruptcy | ~40% within 2 years; 71% within 3 years | 89 coercive LMEs | Roe & Rotaru (ECGI) |
| Repeat defaults | 50% of defaults (long-term average 21%) | 2026 YTD to Mar 2026 | BlackRock |
| Recovery: first-lien loans / senior unsecured bonds | 58% / 32% of par | 12 months to Mar 2026; all defaults | BlackRock (Moody's/JPM) |
| Recovery: Serta participants / excluded | 79.5% / 1.5% | 2020 uptier | Crowell & Moring |
Sources: as listed in the table. Counts are not comparable across providers.
The re-default data cut against the case for LMEs. Within 3 years of a coercive LME, only 7% of borrowers had avoided both bankruptcy and re-default, and post-LME bankruptcies lasted 2–3x longer than non-LME prepacks (Roe & Rotaru (ECGI)). Moody's long-run study of 1,173 borrowers finds that more than 1 in 3 soft events ends in hard default or another distressed event (Moody's). Excluded lenders bear most of the loss: Del Monte's first-lien recovery was estimated at about 35%, against about 95% for the first-out tranche created in its exchange (Creditflux, secondary).
Rule of thumb (author's): treat an LME as a two-to-three-year option on recovery, not a cure. Price the stub claim as if a filing is more likely than not.
7.4 Lender defenses
Lenders have answered with cooperation agreements, document blockers and litigation over sacred rights.
- Co-ops bind lenders to act together. Members agree not to transact unless Required Holders, typically 50–75% of the group's debt, approve. Outside dates run 3–18 months, transfers are limited to members or qualified market makers, and early signers get priority on new money and fees (Crowell & Moring). Co-ops are "now a staple of lenders' preparation" (HLC). Optimum's cooperation agreement covers about 99% of CSC Holdings' US$21.8bn of debt (Optimum 8-K).
- Co-ops now face antitrust suits. Excluded lenders sued in Selecta and the borrower sued its lenders in Optimum v. Apollo, both under the Sherman Act (HLC). Both cases are pending (see section 9). Warner Bros. Discovery's Jun 2025 indenture bars noteholders from co-ops that limit new money, with a carve-out for customary defensive co-ops (Crowell & Moring).
- Blockers are near-standard in US loans. J.Crew, Serta and Chewy blockers are "now near-standard" in US leveraged loans. J.Crew blockers in non-sponsored US high-yield bonds rose from 14% in 2025 to 27% in H1 2026 (9fin).
- Blocker quality is uneven in Europe. J.Crew protection appeared in 89% of European leveraged loans and 44% of high-yield bonds in 2025. But 71% of bond blockers were rated "ugly", and only 10% covered all material assets (Octus).
- Sacred rights give minorities a claim. TriMark and Boardriders let sacred-rights and implied anti-subordination theories proceed past dismissal (Alston & Bird; Proskauer). The Fifth Circuit's Serta ruling and the US$261.13mm damages award on remand raise the cost of non-pro-rata deals (see section 9).
Rule of thumb (author's): in a stressed credit, the most valuable lender protection is membership in the majority group, not any single covenant.
Chapter 11 and in-court tools
LMEs & CourtChapter 11 is where failed LMEs end and where rescue capital earns its highest fees. S&P Global Market Intelligence counted 372 large US corporate bankruptcies in H1 2026, the highest first half since 2010 (CFO Dive, secondary). Rescue investors engage at four points in a case: the DIP loan, the restructuring support agreement (RSA), the rights offering and backstop, and the sale or exit. Each now carries LME-style fights over who gets to participate.
8.1 DIP financing and roll-ups
The DIP loan ranks ahead of prepetition debt and funds the case. Incumbent lenders usually provide it so they can protect their position. Prepetition lenders provided 13 of 16 DIPs in Jan–Feb 2026 (Debtwire), and roll-ups appeared in about 82% of prepetition-lender DIPs in 2025, with ratios of 2:1 to 4:1 increasingly common (Octus). Pricing has fallen. Many DIPs priced above 15% in early 2025, with commitment fees of 3–5% and exit fees of 5–6% (Debtwire). By Jan–Feb 2026 PIK interest ranged 4.5–12.5%, cash interest 7.5–13% and backstop premiums 8–11.5% (Debtwire).
Exhibit 21: DIP pricing eased from early 2025 to early 2026, but roll-ups spread
| Term | Jan 1–Feb 14, 2025 | Jan 1–Feb 28, 2026 |
|---|---|---|
| Interest | Many above 15% | PIK 4.5–12.5%; cash 7.5–13% |
| Commitment fee | 3–5% | 1.25–5% |
| Exit fee | 5–6% common | 0.5–1% |
| Backstop premium | Ligado 12.5% | 8–11.5% |
| Roll-ups | 18 of 29 DIPs; only 4 with more new money than roll-up | "Creeping" roll-ups in 4 deals (1 in Q4 2025); 13 of 16 DIPs from prepetition lenders |
| Named deals | Ligado: US$939mm (US$497mm roll-up), 17.5% PIK / 15.5% cash, fees ~20.4% of facility. CareMax: SOFR+11% PIK, 10% exit fee | Saks Global: US$2.56bn at SOFR+10–12.5% PIK, 10% backstop; US$1.75bn at SOFR+10% PIK, 8% backstop. Pretium: US$533.5mm at SOFR+525. STG Logistics: 8% PIK, 48.9% roll-up |
Sources: Debtwire, Feb 25, 2025; Debtwire, 2026.
Roll-ups are where the LME fight continues in court. First Brands paired a US$1.1bn new-money DIP with a US$3.3bn roll-up (Octus). Spirit Aviation's second-case DIP combined US$475mm of new money with up to US$750mm of non-interest-bearing roll-up, priced at SOFR+800 with a 9% PIK backstop premium (Bondoro, secondary). Courts have pushed back on non-pro-rata roll-ups: in American Tire, the court signaled it would reject one, and a pro rata US$90mm roll-up was approved instead (Cleary Gottlieb).
Rule of thumb (author's): a DIP lender's return comes mostly from the roll-up and fees, not the coupon. A 3:1 roll-up turns each dollar of new money into four dollars of super-priority claim.
8.2 RSAs, rights offerings and backstops
Many large cases now start with an RSA, which locks in a creditor majority behind a plan before filing. Saks Global's RSA with an ad hoc group of senior secured bondholders includes US$500mm of exit financing (SFNet, secondary). The plan then raises new equity through a rights offering, and backstop parties guarantee it in return for a fee, a discount and reserved shares. Backstop economics are rich compared with public markets: all-in backstop compensation averaged 20.1% of capital raised, against 3–7% underwriting spreads for IPOs and follow-ons (Buccola et al.).
Exhibit 22: Backstop parties earn far more than public-market underwriters
| Study or deal | Sample / size | Backstop fee | Discount | Other |
|---|---|---|---|---|
| Brattle | 15 Ch.11 rights offerings, 2007–18 | Median 7% (2.5–28.6%) | Median 32% to plan value | About 70 Ch.11 rights offerings since 2002, US$20mm–2.8bn |
| Buccola et al. | 49 Ch.11 cases since 2016 | All-in 20.1% of capital raised (25.1% with market prices) | Plan-implied 25%; market evidence ~50% | Backstoppers recovered 21c vs 8c per claim dollar |
| ConvergeOne | US$245mm equity rights offering | 10% premium | 35% | 35% of shares reserved for backstop parties; plan reversed on appeal |
| Ligado DIP | US$939mm DIP | 12.5% | n/a | Fees ~20.4% of facility |
| UWM Holdings (out of court) | US$400mm rights offering | Not disclosed | Up to 15% below 10-day VWAP (floor US$2.00) | Oaktree first right to backstop; Ishbia commits the rest (section 4) |
Sources: Brattle; Buccola, Marcovich Gross and McBrady (Oxford Business Law Blog); Octus, secondary; Debtwire; UWM Holdings 8-K.
The ConvergeOne ruling limits how far a majority can keep these economics to itself. The district court reversed confirmation because exclusive backstop rights gave majority lenders about 30% more recovery without new consideration, breaching equal treatment under §1123(a)(4) (HLC). The holding is covered in section 9.
Rule of thumb (author's): a backstop seat is worth roughly one-fifth of the capital it commits. That value is why groups fight to keep it exclusive.
8.3 Sales, cramdown and prepacks
- 363 sales and credit bids. Secured lenders can bid their claims to buy the business; the court approved Robertshaw's credit-bid sale (Octus). Cases with §363 sales ran about 67% longer than other cases with similar fees (FTI Consulting).
- Cramdown and absolute priority. A plan can bind a dissenting class if it is fair and equitable, which for unsecured creditors means no junior class keeps value unless the dissenting class is paid in full (11 U.S.C. §1129(b)). Plans that skip creditors to reward participants now face fairness challenges in the US and UK alike (see sections 9 and 15).
- Prepacks. Prepackaged cases solicit votes before filing. Standard prepacks run 30–60 days, and Belk completed one in under 24 hours in Feb 2021 (Morris Nichols). Prepack and pre-negotiated cases took about half as long as free-falls, with similar total fees but much higher fees per day (FTI Consulting).
- Third-party releases. Purdue barred nonconsensual releases of claims against non-debtors in Jun 2024, which limits a sponsor's ability to buy peace through a plan (Squire Patton Boggs; see section 9).
8.4 Venue, costs and timelines
Large cases have left Delaware for Texas and New Jersey. Delaware's share of US$1bn+ Chapter 11 cases fell from 40% in 2024 to 23% in 2025 and 7% in H1 2026. The Southern District of Texas ranked first and New Jersey second in H1 2026 (Octus). Costs are significant: professional fees averaged 3.7% of liabilities across 326 large cases from 2019 to 2024, rising to 4.8% in 2023–24 (FTI Consulting). Exhibit 23 compares the three routes.
Exhibit 23: Out-of-court LMEs have no public time or cost benchmark, and their borrowers often file later anyway
| Route | Time | Cost | Treatment of dissenters | Outcome |
|---|---|---|---|---|
| Out-of-court LME | No public benchmark | No public benchmark | Excluded lenders subordinated or diluted; litigation risk (see section 9) | ~40% filed within 2 years, 71% within 3 years |
| Prepack / pre-negotiated Ch.11 | Under 24 hours to 60 days for prepacks; about half a free-fall's duration | Similar total fees to free-falls; higher per day | Bound by class vote or cramdown | Post-LME cases last 2–3x longer than non-LME prepacks |
| Free-fall Ch.11 | About twice a prepack; §363 cases ~67% longer | Average fees 3.7% of liabilities (all large cases) | Bound by plan; DIP roll-ups and backstops contested | Recoveries 58% first-lien loans, 32% senior unsecured (all defaults) |
Sources: Roe & Rotaru (ECGI); Morris Nichols; FTI Consulting; BlackRock (Moody's/JPM).
The comparison favors a fast court process over an out-of-court deal that leads to a later filing. An LME saves fees up front, but the borrower often pays them later in a longer bankruptcy.
Rule of thumb (author's): professional fees cost about 4% of liabilities in a large case. A prepack halves the time, not the bill.
Law, regulation and policy
LMEs & CourtCourts, not legislators, set the rules of rescue finance. Since 2021 US judges have narrowed the open-market purchase exception, capped what majority lenders can take inside Chapter 11 and barred nonconsensual third-party releases, yet they still uphold uptiers that a credit agreement plainly permits. Policy makers have turned to private credit itself: its size, its bank funding and the income it books in kind.
9.1 US case law on LMEs
The same tactic wins or loses on a few words of contract text. The Fifth Circuit held in Serta that an "open market purchase" requires a market "generally open to participation by various buyers and sellers", so the privately negotiated Jun 2020 exchange breached pro rata sharing (Mayer Brown). On the same day, Dec 31, 2024, a New York appellate court upheld Mitel's uptier because its agreement allowed loan purchases "at any time" with no open-market qualifier (Mayer Brown). On remand the Serta bankruptcy court treated the cashless exchange as a "payment" and awarded excluded lenders US$261.13mm plus 9% prejudgment interest from Jun 22, 2020 (Cleary Gottlieb).
Winning on liability does not guarantee a useful remedy. In Robertshaw the court found a breach but limited the remedy to a prepetition unsecured damages claim, with no rescission (Paul Weiss). In Wesco/Incora the bankruptcy court unwound the 2022 multi-step uptier, but the district court reversed on Dec 8, 2025 after testing each step separately, and a Fifth Circuit appeal was pending as of Jan 2026, with no decision found (Mayer Brown).
Inside Chapter 11, equal treatment limits majority-only economics. The ConvergeOne reversal makes exclusive backstop rights for a majority group hard to confirm without a market test (HLC). The next test is Trinseo, where the court refused on Jul 30, 2026 to dismiss challenges to about US$1.5bn of intercompany claims and took confirmation under advisement on Aug 19, 2026 (BankruptcyData; 9fin, secondary). Courts are split on non-pro-rata DIP roll-ups: American Tire's court signaled it would reject one absent a DIP exception, while Del Monte's court partly dismissed claims that its roll-up breached pro rata sharing (Cleary Gottlieb).
Exhibit 24: Decisions that set the rules turn on contract wording and equal treatment
| Case | Date | Court | Holding | Why it matters |
|---|---|---|---|---|
| TriMark | Aug 16, 2021 | N.Y. Sup. Ct. | Amended no-action clause unenforceable; sacred-rights claims survive | Majority cannot strip minority suit rights; settled Jan 2022 |
| Boardriders | Nov 7, 2022 | N.Y. Sup. Ct. | "Open market purchase" ambiguous; implied anti-subordination possible | Uptier claims survive dismissal |
| Robertshaw | Jun 20, 2024 | Bankr. S.D. Tex. | Breach found; remedy only an unsecured damages claim | Liability without unwind |
| Purdue Pharma | Jun 27, 2024 | US Supreme Court (5–4) | No nonconsensual third-party releases | Non-debtor releases need creditor consent |
| Serta (appeal) | Dec 31, 2024 | 5th Cir. | Private exchange is not an "open market purchase" | Coercive uptiers lose their main exception; cert. denied Nov 10, 2025 |
| Mitel | Dec 31, 2024 | N.Y. App. Div. | Purchase "at any time" permits the uptier | Wording, not tactic, decides |
| Wesco/Incora | Jan 17, 2025; Dec 8, 2025 | Bankr. S.D. Tex.; S.D. Tex. | Uptier unwound, then reinstated step by step | Multi-step deals still viable; 5th Cir. appeal pending |
| Red River Talc | Mar 31, 2025 | Bankr. S.D. Tex. | Case dismissed; releases for 700+ non-debtors barred | Texas two-step fails after Purdue |
| ConvergeOne | Sep 25, 2025 | S.D. Tex. | Exclusive backstop worth ~30% more recovery breaches §1123(a)(4) | Limits majority-only backstops |
| Serta (damages) | Jul 7, 2026 | Bankr. S.D. Tex. | US$261.13mm plus 9% interest | Excluded lenders can recover cash |
| Trinseo | Jul 30, 2026 | Bankr. S.D. Tex. | Challenges to ~US$1.5bn intercompany claims proceed | Tests double-dip and pari-plus; ruling pending |
Sources: Alston & Bird; Reorg (secondary); Proskauer; Paul Weiss; Squire Patton Boggs; Mayer Brown (Jul 2026); Mayer Brown (May 2025); Mayer Brown (Jan 2026); HLC (Red River); HLC (ConvergeOne); 9fin (secondary).
9.2 Releases, two-steps and venue
Purdue took nonconsensual releases out of the plan toolkit. The Supreme Court held 5–4 that the Bankruptcy Code does not authorize nonconsensual releases of claims against non-debtors, leaving consensual releases open (Squire Patton Boggs). Judge Lopez applied it in dismissing Red River Talc, Johnson & Johnson's third talc bankruptcy (HLC).
Large cases have left Delaware. Delaware's share of US$1bn+ Chapter 11 cases fell from 40% in 2024 to 23% in 2025 and 7% in H1 2026, with the Southern District of Texas first and New Jersey second (Octus). Texas kept its lead even after Judge David Jones resigned in Oct 2023 after his undisclosed relationship with a Jackson Walker lawyer became public (Bloomberg Law, secondary).
9.3 Co-ops and antitrust
Lender cooperation agreements are now being litigated as possible cartels. Excluded minority lenders sued Selecta's co-op lenders under Sherman Act §1 in Oct 2025, and Optimum Communications, the borrower, sued Apollo and other co-op members in Nov 2025, alleging a concerted refusal to deal (HLC). The LSTA and four other trade groups filed an amicus brief supporting dismissal on Mar 30, 2026 (LSTA). Issuers are also drafting against co-ops: Warner Bros. Discovery's Jun 2025 indenture bars noteholders from agreements that limit new-money provision, with a carve-out for customary defensive co-ops (Crowell & Moring).
9.4 Private credit oversight
Official attention has moved from LME tactics to private credit's size and funding. The Dallas and New York Feds launched a private credit pilot survey and put US direct lending at more than US$1.3tn, comparable to the high-yield and broadly syndicated loan markets (Dallas Fed). The Boston Fed flagged PIK as an early warning: its share of BDC loans rose to about 10% in Q1 2026 from about 6% in Q1 2022 (Boston Fed). The BIS counted more than US$500bn of SaaS loans, or 19% of direct loans, at end-2025 (BIS). Banks are tied in through origination partnerships such as Citi–Apollo (US$25bn) and JPMorgan's US$50bn balance-sheet commitment (ABF Journal, secondary).
The money
Economics & PlayersRescue capital pays its managers through the private equity fee model, yet the realized net returns of most funds cluster near 8–12%, well below the mid-teens targets in fund documents. The profit pool extends beyond the funds: insurers' balance sheets, financial advisors, law firms and backstop parties each take a share of every rescue.
10.1 Fee structures and fund terms
Opportunistic and distressed funds charge about 0.8–1.65% plus 20% carry over an 8% preferred return. Strategic Value Partners' Special Situations Fund VI charges 0.825% on commitments, stepping up to 1.65% once half the capital is deployed, with 20% carry over an 8% preferred return and a GP commitment of at least US$130mm (NJ Division of Investment). Clearlake Opportunities Partners II charged 1% on commitments during the investment period and then 1.5% on invested capital, with the same 20% over 8% (Cliffwater for Rhode Island). Davidson Kempner's distressed fund charged 1.5% and 20% over 8% (Cliffwater for Rhode Island). The step-up and invested-capital bases tie fees to deployment, which matters in a strategy that may wait years for distress. Evergreen pools such as Sixth Street TAO avoid forced liquidation altogether (Wikipedia, secondary). Standard fund-life terms were not found in a primary source.
10.2 Return targets by strategy
Published targets rise with risk, but the figures are dated. No 2025–26 primary document in this research discloses a target IRR for distressed or structured equity, so Exhibit 25 relies on pension memos from 2017–2024 and flags each vintage.
Exhibit 25: Published targets run from 10–13% net for direct lending to mid-teens net for distressed
| Strategy | Fund | Target | Basis | Document date |
|---|---|---|---|---|
| Diversified direct lending | Blue Owl Diversified Lending | 10% cross-cycle; 13% current cycle | Net | Sep 2023 |
| Levered senior direct lending | Antares Senior Loan Fund III | 11–13% | Net IRR, up to 2.0x debt/equity | Nov 2024 |
| Hybrid / structured equity | Apollo Hybrid Value I | 12–15% | Gross IRR | Jun 2018 (secondary) |
| Opportunistic credit / structured equity | Clearlake Opportunities Partners II | 15% | Net IRR (Fund I: 12.1% net) | May 2019 |
| Distressed, non-control | Davidson Kempner LTDO IV | Mid-teens | Net IRR (prior funds 1.57x net) | Aug 2017 |
Sources: Jacksonville Police & Fire Pension Fund; Cliffwater for Rhode Island (Antares); Buyouts, secondary; Cliffwater for Rhode Island (Clearlake); Cliffwater for Rhode Island (Davidson Kempner).
The UWM preferred illustrates why the targets hold on paper: its contractual terms imply 19–25% IRRs on a call in years 1–3, before warrants (Exhibit 15, author's arithmetic), well above the fund-level targets after fees and losses.
10.3 Realized returns and dispersion
Realized net returns outside crisis vintages cluster at 8–12%, below the targets. Washington State's distressed bucket of US$4.52bn commitments returned a 9.64% net IRR and 1.5x as of Sep 30, 2025; its special situations subtotal returned 6.06% and 1.4x (WSIB). Preqin puts the median net IRR of special situations funds at about 8% since 2014 (Preqin). Managers report better strategy-level figures: Blackstone states a 13% net IRR for its opportunistic credit strategy since 2007 (Blackstone), and Apollo reports Hybrid Value gross returns of 17.9% over the 12 months to Q2 2026 (Apollo). Net IRRs for Apollo Hybrid Value are not publicly available.
Exhibit 26: Net IRRs span 4–28% by vintage
| Fund | Vintage | Net IRR (%) | Net multiple (x) | Reporting LP, as of |
|---|---|---|---|---|
| Oaktree OCM Opportunities IV | 2001 | 28.02 | 1.6 | WSIB, Sep 30, 2025 |
| MatlinPatterson Fund I | 2002 | 15.82 | n/a | WSIB, Sep 30, 2025 |
| MatlinPatterson Fund III | 2007 | 3.98 | n/a | WSIB, Sep 30, 2025 |
| Oaktree Opportunities VII-B | 2008 | 16.52 | 1.7 | WSIB, Sep 30, 2025 |
| SVP Special Situations I | 2008 | 15.0 | 1.9 | NJ, Jan 2025 |
| Oaktree Opportunities IX | 2013 | 8.05 | 1.9 | WSIB, Sep 30, 2025 |
| Sixth Street TAO 3.0 | 2015 | 9.4 | 1.54 | Oregon, Mar 31, 2026 |
| SVP Special Situations IV | 2017 | 14.5 | 1.8 | NJ, Jan 2025 |
| Oaktree Opportunities XI | 2020 | 9.44 | 1.3 | WSIB, Sep 30, 2025 |
| SVP Special Situations V | 2021 | 17.6 | 1.4 (0.0x DPI) | NJ, Jan 2025 |
| Sixth Street Opportunities V | 2022 | 9.93 | 1.2 | WSIB, Sep 30, 2025 |
Sources: Washington State Investment Board (distressed debt bucket); NJ Division of Investment (SVP prior funds, memo dated Jan 23, 2025); Oregon OPERF Opportunity Portfolio.
Young vintages deserve caution. Oaktree Opportunities XI fell from 10.49% to 9.44% between Dec 31, 2024 and Sep 30, 2025 (WSIB), and SVP V's 17.6% rests on unrealized marks with no distributions.
10.4 Profit pools
Fees accrue to every party in a rescue, and the largest pools sit with managers that pair funds with insurance balance sheets. Apollo earned a record US$277mm of capital solutions fees in Q2 2026, alongside US$785mm of fee-related earnings and US$877mm of Athene spread-related earnings (Apollo). Advisors and other professionals take a separate cut: professional fees averaged 3.7% of liabilities across 326 large Chapter 11 cases in 2019–2024, rising to 4.8% in 2023–24 (FTI Consulting).
Exhibit 27: Managers, insurers, advisors and backstop parties each take a distinct slice of a rescue
| Party | How it earns | Data point |
|---|---|---|
| Fund managers | Management fees, carry, transaction fees | Apollo capital solutions fees US$277mm, Q2 2026; Ares FRE US$491.1mm, Q2 2026 |
| Insurance balance sheets | Spread on long-dated private credit | Athene SRE US$877mm, Q2 2026; Brookfield Wealth Solutions US$45bn of BAM's US$51bn Q2 2026 credit raise |
| DIP lenders | Coupon plus commitment, exit and backstop fees | Ligado DIP fees about 20.4% of the facility (early 2025) |
| Backstop parties | Premiums and discounted shares | All-in 20.1% of capital raised vs 3–7% IPO/SEO spreads |
| Financial advisors | Restructuring advisory fees | Houlihan Lokey restructuring revenue US$529mm, FY to Mar 31, 2026 (−3%) |
| Law firms and other professionals | Professional fees, court-approved in Chapter 11 | 3.7% of liabilities on average (2019–2024); FTX about US$950mm (secondary) |
Sources: Apollo; Ares; Brookfield Asset Management; Debtwire; Buccola et al. (49 Chapter 11 cases since 2016); Houlihan Lokey; FTI Consulting; Bloomberg Law, secondary.
Restructuring advisory is flat at the top of the market: Houlihan Lokey's restructuring revenue fell 3% in its latest fiscal year while corporate finance grew, and management called the decline fee mix and timing, "not a trend" (Houlihan Lokey). The shift from free-fall bankruptcies to LMEs and private rescues moves fees from courts and advisors toward the capital providers themselves.
Market structure and competition
Economics & PlayersRescue capital is concentrating in a few mega-funds, and scale now decides who can write the largest checks. Oaktree Opportunities Fund XII alone held about US$16bn of commitments at its Feb 10, 2025 final close (Oaktree via Business Wire). That is close to the US$16.3bn Preqin counted across all eight special situations funds closed in H1 2026 (Preqin via Paul Weiss).
Flagship funds are 1.1–2.8x the size of earlier funds in the same strategy (author's arithmetic). Ares Special Opportunities Fund III closed at US$9.8bn, against US$3.5bn for its first fund in Jun 2020 (Ares; Ares). Silver Point's second distressed fund reached US$4.6bn, against US$1.7bn in 2019 (Alternatives Watch, secondary). Apollo Hybrid Value Fund III, at US$6.5bn, is 41% larger than Fund II (Apollo). SVP Special Situations Fund VI, at US$6.5bn, follows a US$5bn Fund V (NJ Division of Investment; Private Equity Wire, secondary).
Scale gives the largest managers three advantages.
- Cheque size. Oaktree funds alone bought US$1.5bn of UWM Holdings preferred (UWM 8-K). One ad hoc group funded a US$1.1bn new-money DIP for First Brands (Octus).
- Permanent capital. Apollo's insurer Athene earned US$877mm of spread-related earnings in Q2 2026 (Apollo). Brookfield Wealth Solutions supplied US$45bn of Brookfield's US$51bn Q2 2026 credit raise (Brookfield). Oaktree bought the insurer Atlantic Coast Life in Mar 2026 (Alternative Credit Investor, secondary).
- Weight in the capital structure. Large holders anchor co-ops. Optimum's lender co-op covers about 99% of CSC Holdings' US$21.8bn of debt (Optimum 8-K).
Banks have turned from rivals into origination partners. Citi and Apollo set up a US$25bn program with Mubadala and Athene on Sep 26, 2024. JPMorgan committed US$50bn of balance sheet plus about US$15bn from co-lenders on Feb 24, 2025 (ABF Journal, secondary). Wells Fargo and Centerbridge's Overland Advantage has done more than US$7bn of deals (Bloomberg, secondary).
Co-ops reward size inside a capital structure. Co-op members typically agree not to transact without 50–75% approval, for 3–18 months, and early signers get priority on new money and fees (Crowell & Moring). The gap between insiders and outsiders can be wide: in Serta, participants recovered 79.5% and excluded lenders 1.5% (see section 7). Excluded lenders and borrowers now sue co-ops under antitrust law, and those cases are pending (see section 9).
Competition and tighter documents are compressing returns outside crisis vintages. Oaktree's 2001 opportunities fund returned 28.02% net, against 9.44% for its 2020 fund (WSIB). Preqin puts the median net IRR of special situations funds at about 8% since 2014 (Preqin). Documents are also closing the LME opportunity. J.Crew, Serta and Chewy blockers are now near-standard in US leveraged loans, and J.Crew blockers in non-sponsored high-yield bonds rose from 14% in 2025 to 27% in H1 2026 (9fin). Coercive uptiers "have all but vanished" in H1 2026 (9fin).
Competition differs by segment (Exhibit 28): incumbent holders dominate in-court and LME financing, while new-money rescue and opportunistic credit are open to any manager with a large enough fund.
Exhibit 28: Incumbent holders control in-court and LME financing; open competition is fiercest in opportunistic credit
| Segment | Leading providers (examples) | Capital source | What wins the mandate | Competitive pressure |
|---|---|---|---|---|
| Rescue and structured preferred | Oaktree, Apollo, Sixth Street, Bain Capital | Drawdown funds, evergreen pools | US$1bn+ single check, speed, governance terms | Rising: Apollo, Sixth Street and Bain have "ramped up" preferred deals |
| Opportunistic credit and capital solutions | Blackstone, Ares, Apollo, KKR, Goldman Sachs | Drawdown funds, insurance balance sheets, bank partnerships | Origination breadth, flexible structures | High: flagships 1.1–2.8x earlier funds |
| Distressed and special situations | Oaktree, SVP, Silver Point, Centerbridge, Elliott | Drawdown and hedge funds | Restructuring skill, willingness to own the business | Cyclical: vintage net IRRs ~4–28% |
| DIP and exit financing | Prepetition lenders and ad hoc groups | Existing holders | Incumbency: roll-ups in ~82% of prepetition-lender DIPs (2025) | Low for incumbents; outsiders largely shut out |
| LME new money | Largest holders in each structure | Existing holders via co-ops | Size of position (50–75% thresholds) | Falling volume as blockers spread |
| Restructuring advice | Houlihan Lokey, PJT, Evercore, Lazard, FTI, A&M | Fee-based | League-table rank, relationships | Flat: Houlihan restructuring revenue −3% |
| Restructuring law | Kirkland, Gibson Dunn, Weil, Paul Weiss | Fee-based | Chapter 11 and co-op track record | n/d |
Sources: Bloomberg via Advisor Perspectives (secondary); Octus; Crowell & Moring; WSIB; Houlihan Lokey; 9fin; fund-size ratios are author's arithmetic from the sources above.
What goes wrong
Economics & PlayersRescue capital fails in a small number of repeatable ways, and most show up in documents and liquidity data before they show up in default rates. Exhibit 29 groups recent failures by cause. The common thread is that new money buys time, not solvency: about 40% of coercive LME borrowers filed within two years (ECGI; see section 7 for the full re-default evidence).
Exhibit 29: Failures cluster in re-defaults, contested priority and illiquid vehicles
| Cause | Example | What happened | Lesson |
|---|---|---|---|
| Re-default ("Chapter 22") | Spirit Airlines | Ch.11 Nov 2024, emerged ~Mar 2025, second Ch.11 Aug 2025, ceased operations May 2026 | A balance-sheet fix cannot cure an operating or fuel shock |
| Failed rescue financing | Wolfspeed | US$1.25bn secured notes (Jun 2023) at 9.875% stepping to 11.875%; Ch.11 Jun 30, 2025; debt cut ~70% | Secured rescue money buys time but does not fix the business |
| Creditor-on-creditor litigation | Serta; Wesco/Incora; ConvergeOne | Years of suits; excluded Serta lenders recovered 1.5% vs 79.5% for participants | Legal risk sits on both sides of an LME |
| Plan defeated on fairness | Adler (Jan 2024); Petrofac (Jul 2025) | UK Court of Appeal set aside both plans | New-money returns must be justified to dissenting classes |
| Sudden filing, heavy roll-up | First Brands | Ch.11 Sep 28, 2025; US$1.1bn new-money DIP with US$3.3bn roll-up | Lenders outside the DIP group are primed in court |
| Vehicle liquidity | Blue Owl | Two funds held 5% quarterly withdrawal caps in Q2 2026 | Evergreen vehicles gate when investors want out |
| PIK creep / shadow default | Private credit market | "Bad PIK" 6.2% of loans (Q2 2026) | Defaults are deferred, not avoided |
Sources: Octus (Spirit); Wolfspeed 8-K (2023); Wolfspeed 8-K (2025); Crowell & Moring; Norton Rose Fulbright; Judiciary UK; Octus (DIP roll-ups); BNN Bloomberg (secondary); Lincoln International.
Re-default is the most common failure. Spirit Airlines shows the full arc: after its second filing, a possible US$500mm US government investment fell through, and DIP lenders funded up to US$125mm for the wind-down after a fuel-price spike tied to the Iran conflict (Octus). Its second DIP had already primed prepetition noteholders with a US$1.225bn facility, US$750mm of it a roll-up (Bondoro, secondary).
Rescue financing before bankruptcy often only moves the date. Wolfspeed's 2023 notes carried a US$500mm minimum liquidity covenant and step-up coupons (Wolfspeed 8-K). Two years later the company filed and cut its debt by about 70% (Wolfspeed 8-K).
Litigation and fairness challenges reprice the deal after closing. Post-LME bankruptcies lasted 2–3x longer than non-LME prepacks (ECGI). In Petrofac, the Court of Appeal held that above-market new-money returns count as a restructuring benefit that must be fairly shared, which reaches directly into rescue investors' economics (Judiciary UK).
Sudden filings and vehicle liquidity are the newer risks. First Brands filed for Chapter 11 on Sep 28, 2025, funded by a US$1.1bn DIP from an ad hoc cross-holder group (Business Wire). In vehicles, Blue Owl's redemption requests were "substantially above the cap" (BNN Bloomberg, secondary). Across 20 private credit funds, Q2 2026 redemption requests exceeded US$22bn and fewer than 40% were honored (HSF Kramer, secondary).
PIK and distressed exchanges hide losses that headline default rates miss. Moody's private credit proxy default rate is 1.6% excluding distressed exchanges and 4.7% including them (Moody's). BDC non-accruals rose to 2.75% of investments at cost in Q2 2026 from 1.81% in Q1 (Alternative Credit Investor, secondary), so the stress described in section 5 is starting to surface.
The industry map and company profiles
Economics & PlayersFive groups make up the industry: alternative managers that supply most of the capital, specialist distressed investors, insurance and bank balance sheets that feed the managers, advisors and law firms that run the process, and pension funds that bear the returns. Exhibit 30 maps them, and sections 13.1–13.3 profile the most active firms.
Exhibit 30: Alternative managers supply the capital; advisors, lawyers and insurers earn around them
| Role | Leading firms | Ownership / HQ | How they earn | Scale (latest) |
|---|---|---|---|---|
| Multi-strategy alternative managers | Apollo, Blackstone, Brookfield/Oaktree, KKR, Ares | US- or Canada-listed; New York, Toronto, Los Angeles | Management fees, carry, transaction fees, insurance spread | AUM US$671bn–1,346.3bn (Jun 30, 2026) |
| Credit specialists with special situations arms | Sixth Street, Bain Capital Special Situations, HPS (BlackRock), Angelo Gordon (TPG) | Private, or owned by a listed parent | Fees and carry; evergreen pools | Sixth Street over US$130bn; others n/d |
| Distressed and hedge-fund-style investors | Elliott, Cerberus, Centerbridge, Silver Point, King Street, SVP | Private; New York, Connecticut, Florida | Management fees and carry | AUM US$18.6–80.3bn |
| Insurance balance sheets | Athene (Apollo), Global Atlantic (KKR), Brookfield Wealth Solutions | Owned by alternative managers | Spread on invested assets | Global Atlantic AUM US$220bn |
| Bank partners | Citi, JPMorgan, Wells Fargo | Listed banks | Origination and partnership economics | JPMorgan program US$50bn |
| Financial advisors | Houlihan Lokey, PJT, Evercore, Lazard, FTI, A&M | Mostly listed | Advisory fees | Houlihan restructuring revenue US$529mm |
| Law firms | Kirkland, Gibson Dunn, Weil, Paul Weiss, Ropes & Gray | Private | Professional fees | n/d |
| Limited partners | CalPERS, WSIB, New Jersey, Oregon | Public pension funds | Net fund returns | WSIB distressed commitments US$4.52bn |
Sources: company releases and pension reports cited in Exhibits 31–33; KKR; ABF Journal (secondary); WSIB (Sep 30, 2025).
13.1 Multi-strategy alternative managers
The listed alternative managers run the largest rescue and opportunistic vehicles, but few disclose platform-level data for them (Exhibit 31).
Exhibit 31: The largest managers run US$300bn–1.3tn firms; dedicated rescue funds are a small slice
| Firm | Listing / HQ | Total AUM (US$bn) | Relevant platform (US$bn) | Rescue or opportunistic flagship (US$bn) |
|---|---|---|---|---|
| Blackstone | NYSE: BX / New York | 1,346.3 | Credit & Insurance 469.3 | Capital Opportunities V, >10 (Apr 2026) |
| Apollo | NYSE: APO / New York | 1,047 | Credit 849 | Hybrid Value III, 6.5 (May 2026) |
| Brookfield / Oaktree | NYSE, TSX: BAM / Toronto, Los Angeles | >1,000 | Oaktree 202 (Dec 2024) | Opportunities XII, ~16 (Feb 2025) |
| KKR | NYSE: KKR / New York | 796 | Strategic Investments 11 | n/d |
| Ares | NYSE: ARES / Los Angeles | 671 | Credit 405 (Dec 2025) | Special Opportunities III, 9.8 (Mar 2026) |
| Carlyle | NASDAQ: CG / Washington DC | 485 | Global Credit 211 | n/d |
| TPG (Angelo Gordon) | NASDAQ: TPG / Fort Worth | 327 | n/d | n/d |
| Blue Owl | NYSE: OWL / New York | 319 | n/d | n/d |
| Sixth Street | Private / San Francisco | >130 | n/d | TAO, evergreen |
| Bain Capital Special Situations | Private / Boston | n/d | n/d | 9 across funds (Nov 2024) |
Sources: AUM at Jun 30, 2026 unless dated. Pulse 2.0 (secondary, from the Blackstone Q2 2026 release); Blackstone; Apollo; Apollo; Brookfield; Oaktree; KKR; Ares; Ares; Carlyle; Alternatives Watch (secondary); BNN Bloomberg (secondary); Wikipedia (secondary); Alternatives Watch (secondary).
Economics. These firms earn mostly from fees, so their income grows with assets even when vintage returns compress. Apollo booked US$1.001bn of management fees and US$785mm of fee-related earnings in Q2 2026, including a record US$277mm of capital solutions fees (Apollo). Insurance adds a second engine: Athene's spread-related earnings of US$877mm exceeded Apollo's fee-related earnings in the same quarter (author's comparison). Performance is reported gross: Apollo Hybrid Value returned 17.9% over the last twelve months to Q2 2026 (Apollo), and no pension report in the research set shows its net IRR.
13.2 Specialist and hedge-fund-style investors
Specialists are smaller and mostly private, and several do not publish AUM. They compete on restructuring skill and on willingness to take control, and their flagship funds now reach US$4–7bn.
Exhibit 32: Specialists run US$19–80bn firms and raise US$4–7bn flagships
| Firm | Ownership / HQ | AUM (US$bn, date) | Flagship or relevant fund | Note |
|---|---|---|---|---|
| Elliott | Private / West Palm Beach | ~80.3 (Jun 30, 2026) | n/d | Founded 1977; trades across the capital structure; Thames Water creditor group |
| Cerberus | Private / New York | ~70 (Mar 31, 2024) | n/d | Latest figure on firm site |
| Fortress | New York | 55 (Jun 30, 2026) | n/d | Managed assets |
| Centerbridge | Private / New York | 49 (Jun 30, 2026) | Capital Partners III (2015): 12.3% net, 1.5x | Wells Fargo partner (Overland Advantage) |
| Silver Point | Private / Greenwich | ~31 | Distressed Opportunity II, 4.6 (Sep 2024) | AUM secondary |
| King Street | Private / New York | ~30 (Sep 30, 2026) | n/d | |
| Strategic Value Partners | Private / Greenwich | 18.6 (Sep 2024) | Special Situations VI, 6.5 | Funds I–V: 12.5–17.6% net |
| Davidson Kempner, Canyon, Anchorage, Monarch, Redwood, Solus, Glendon | Private | n/d | n/d | Not disclosed in sources reviewed |
Sources: Elliott; Express & Star (secondary); Cerberus; Fortress; Centerbridge; CalPERS (Mar 31, 2026); Alternatives Watch (secondary); King Street; NJ Division of Investment.
Economics. Specialists start with a low fee on commitments and earn carry over a hurdle. SVP Special Situations Fund VI charges 0.825% on commitments, stepping up to 1.65% once 50% of capital is deployed, with 20% carry over an 8% preferred return and a GP commitment of at least US$130mm (NJ Division of Investment). Net returns cluster below the headline targets. WSIB's distressed bucket earned 9.64% net and 1.5x on US$4.52bn of commitments at Sep 30, 2025 (WSIB). Across its 1995–2022 vintages, net IRRs run from about 4% to 28% and cluster around 8–12% (author's reading of the WSIB and other pension data; see section 10).
13.3 Advisors and law firms
A small group of banks and law firms advises on most large cases. Houlihan Lokey is the only large advisor that reports restructuring revenue separately.
Exhibit 33: Houlihan Lokey leads the disclosed advisory pool; Gibson Dunn and Kirkland lead the legal tables
| Firm | Type | Scale or ranking | Mandates in this primer |
|---|---|---|---|
| Houlihan Lokey | Financial advisor; NYSE: HLI | Restructuring revenue US$529mm, −3% (FY to Mar 31, 2026); total revenue US$2.62bn | Leading financial advisor, Octus Americas H1 2026 |
| PJT Partners | Financial advisor; NYSE: PJT | 2025 revenue US$1.71bn; advisory US$1.50bn; restructuring n/d | Renesas in Wolfspeed; leads on court-approved fees |
| Evercore | Financial advisor | Restructuring n/d | First Brands ad hoc group; Bausch Health |
| Lazard | Financial advisor | Restructuring n/d | First Brands (company) |
| FTI, A&M | Financial and operating advisors | Lead financial advisors, Octus H1 2026 | A&M: First Brands (company) |
| Kirkland & Ellis | Law firm | #1 lead debtor counsel in Chapter 11, Debtwire 2025 | Renesas in Wolfspeed |
| Gibson Dunn | Law firm | #1 legal advisor, Octus Americas H1 2026 | First Brands ad hoc group |
| Weil, Ropes & Gray, Proskauer, Paul Weiss, Willkie, Simpson Thacher | Law firms | n/d | First Brands debtor; Wolfspeed converts; Bausch Health; Apollo HVF III; Altice France creditors; iHeartMedia |
Sources: Houlihan Lokey; PJT Partners; Octus; Kirkland (Debtwire); First Brands; Wolfspeed 8-K; Proskauer.
Economics. Advisors are paid out of the estate or by the borrower, so their pool tracks case size more than investor returns. Professional fees averaged 3.7% of liabilities across large US cases (see section 8). The top of the market is flat: Houlihan Lokey's restructuring revenue fell 3% while its corporate finance revenue grew 14% to US$1.745bn, and management called the dip a matter of fee mix and timing, "not a trend" (Houlihan Lokey). PJT, by contrast, credited restructuring for part of its 14% advisory growth in 2025 (PJT Partners).
Case studies
Cases & OutlookThe cases from 2020 to 2026 show the toolkit moving from coercive non-pro-rata deals toward negotiated exchanges, equity handovers and priced rescue equity. Exhibit 34 lists nine cases in date order, and five narratives follow.
Exhibit 34: Rescue deals since 2020 range from non-pro-rata uptiers to creditor takeovers and priced preferred
| Date | Company and situation | Tool | Providers or parties | Key terms | Outcome |
|---|---|---|---|---|---|
| Jun 2020 | Serta Simmons Bedding; liquidity squeeze | Non-pro-rata uptier | Majority lender group | US$200mm first-out new money; US$875mm second-out exchanged at 74 (1L) and 39 (2L) | Ruled a breach (5th Cir.); US$261.13mm damages (Jul 2026) |
| Jul 2023 | Carvana; 2025 and 2027 maturities | Distressed exchange | Apollo (largest holder) | ~US$5.2bn unsecured into secured cash/PIK notes due 2028–31 | Debt down >US$1.2bn; cash interest down >US$430mm a year for two years |
| Mar 2025 | Altice France; €24bn restructuring | Consensual restructuring | Ad hoc creditor group | Creditors take 45% of equity; Drahi keeps 55% | ~€8.6bn debt eliminated; maturity 3.1 to 6.1 years |
| Jun 2025 | Wolfspeed; failed 2023 rescue notes | Chapter 11 | Renesas; convertible holders | 2023 notes: US$1.25bn at 9.875% stepping to 11.875% | Plan confirmed Sep 2025; debt cut ~70% |
| Jul 2025 | AMC Entertainment; 2029 notes and litigation | LME with equitization | 7.5% noteholders | ~US$223.3mm new money; US$590mm notes exchanged for US$825.1mm new secured notes | Litigation settled; ≥US$143mm equitized into 79.8mm shares |
| Sep 2025 | First Brands; filed Sep 28, 2025 | Chapter 11 DIP with roll-up | Ad hoc cross-holder group | US$1.1bn new money; US$3.3bn roll-up (~3:1) | Case in S.D. Tex.; outcome n/d |
| Jan 2026 | Saks Global; filed Jan 14, 2026 | Chapter 11 DIP and RSA | Senior secured bondholders | US$1.75bn bondholder DIP; US$500mm exit financing | DIP approved Feb 23, 2026; exit status n/d |
| Mar 2026 | New Fortress Energy; ~US$5.7bn debt | RSA; UK Part 26A plan and Chapter 15 | Creditors | Up to US$643mm new term loans; creditors 65% of common plus convertible preferred | Creditors rise to 87% at year 3 |
| Aug 2026 | UWM Holdings; US$603mm hedge loss | Rescue preferred, warrants, rights offering | Oaktree; Ishbia (SFS) | US$1.65bn preferred at 10% cash or 13% PIK; 330 million warrants | Rights offering open to Nov 12, 2026 |
Sources: Serta; Mayer Brown; CNBC (secondary); Carvana 8-K; Arendt; Wolfspeed 8-K (2023); Wolfspeed 8-K (2025); AMC 8-K; Octus; SFNet (secondary); New Fortress Energy; UWM 8-K; HousingWire (secondary).
UWM Holdings and Oaktree: rescue equity priced like debt, with control as the backstop
One quarter's hedge loss pushed UWM Holdings to raise rescue capital. UWM Holdings lost US$603mm on hedges in Q2 2026 (HousingWire, secondary). It raised a US$2.05bn package led by Oaktree's preferred, whose full terms appear in section 4.2 (UWM 8-K). Part of the proceeds will redeem US$500mm of 5.75% notes due 2027 (UWM 424B5). HousingWire reports that leverage falls from 5.6x to about 1.2x and that KBW estimates about 55% dilution for existing holders (HousingWire, secondary). Oaktree knew the borrower: its 2020 US$300mm loan to UWM carried a 15.5% coupon and returned about 1.5x (Bloomberg via Advisor Perspectives, secondary).
Carvana: a distressed exchange that bought time with PIK
Carvana swapped maturities for collateral and deferred cash interest. In Jul 2023 holders exchanged about US$5.2bn of unsecured notes into new secured notes, covering more than 83% of the 2025 and 2027 maturities, and Apollo was the largest holder (CNBC, secondary). The new notes paid in kind first and in cash later. The 2031 series, for example, paid 14% PIK for four coupons and 9% cash thereafter (Carvana 8-K). Total debt fell by more than US$1.2bn, and cash interest fell by more than US$430mm a year for two years (CNBC, secondary). Creditors gave up face value and current cash in exchange for priority, the usual trade in a distressed exchange.
Serta Simmons Bedding: the uptier that courts ruled a breach
Serta shows how much a non-pro-rata deal transfers, and what it can cost the winners later. In Jun 2020 a majority group provided US$200mm of first-out money and exchanged its loans into US$875mm of second-out debt at 74 for first-lien and 39 for second-lien paper (Serta). Participants later recovered 79.5%, against 1.5% for excluded lenders (Crowell & Moring). The Fifth Circuit held on Dec 31, 2024 that the private exchange was not an "open market purchase", and the Supreme Court denied certiorari on Nov 10, 2025. On remand, the court awarded excluded lenders US$261.13mm plus 9% prejudgment interest on Jul 7, 2026 (Mayer Brown).
Wolfspeed: rescue debt that delayed, but did not prevent, Chapter 11
Wolfspeed's 2023 secured notes bought two years, not a solution. In Jun 2023 the company sold US$1.25bn of senior secured notes, with a US$750mm accordion, at 9.875% for three years and stepping to 11.875% (Wolfspeed 8-K). The notes carried a US$500mm minimum liquidity covenant (Wolfspeed 8-K). Wolfspeed filed for Chapter 11 on Jun 30, 2025 and confirmed a plan in Sep 2025 that cut debt by about 70%, with Renesas and the convertible holders as the main counterparties (Wolfspeed 8-K).
New Fortress Energy: a creditor takeover through a cross-border plan
New Fortress Energy shows creditors taking the equity rather than lending more. Its Mar 17, 2026 RSA restructures about US$5.7bn of debt, including US$2.73bn of 2029 notes and a US$1.27bn term loan B (New Fortress Energy). Creditors provide up to US$643mm of new CoreCo term loans and receive 65% of the common plus a convertible preferred that takes them to 87% at year 3; existing holders keep 35% until then (New Fortress Energy). The company is using a UK Part 26A plan paired with Chapter 15, a route section 15 covers. The structure fits the H1 2026 shift toward equity handovers noted by 9fin (see section 7).
Global notes
Cases & OutlookOutside the US, statutory plans with cross-class cram-down do most of the work that LMEs and Chapter 11 do at home, and courts are testing fairness harder. US-style creditor-on-creditor tactics have nonetheless reached Europe. Exhibit 35 compares the main regimes.
Exhibit 35: Cram-down is common across regimes; the fairness test differs
| Regime | Cross-class cram-down | Distinctive feature | Landmark | Implication for rescue capital |
|---|---|---|---|---|
| US Chapter 11 | Yes | DIP priming and roll-ups; equal treatment under §1123(a)(4) | ConvergeOne (2025) | New money gets priority but not exclusive economics |
| UK Part 26A plan | Yes | Fair allocation of restructuring benefits across classes | Adler (2024); Petrofac (2025); Thames Water (2025) | New-money returns open to challenge |
| Dutch WHOA | Yes | New money can be primed; public proceedings recognized EU-wide | n/a in sources | Flexible, but limited pan-EU use |
| German StaRUG | Yes (75% class majorities) | Equity can be cut to zero | Varta (2025) | Shareholder hold-out weakened |
| Canada CCAA | n/a in sources | Reverse vesting orders; ~3.78 months to transaction or plan | Hudson's Bay (2025) | Speed favors buyers of assets |
| Hong Kong winding-up | n/a in sources | Court-ordered liquidation of offshore issuers | Evergrande (2024) | Offshore holdcos face liquidation, not a funded plan |
| Korea rehabilitation | n/a in sources | Court-supervised plan; scrapped if unfunded | Homeplus (2026) | Plan needs committed exit money |
Sources: HLC; Judiciary UK; A&O Shearman; Heuking; Miller Thomson; HKEX; DealStreetAsia (secondary). US cram-down is statutory (§1129(b)); "n/a in sources" means the research did not cover the point.
15.1 United Kingdom
Part 26A plans are the UK's main rescue tool, and the Court of Appeal is tightening them. Forty-one companies registered a plan between Jun 26, 2020 and Feb 28, 2025 (Insolvency Service). Adler set aside a plan for an unjustified departure from pari passu (Norton Rose Fulbright), and Petrofac barred excluding out-of-the-money dissenting classes without justification (Judiciary UK). Thames Water's interim plan, sanctioned on Feb 18, 2025, allowed up to £3bn of super-senior debt at 9.75% (Express & Star, secondary). Its creditors' Mar 2026 recapitalization proposal offers £3.35bn of new equity and up to £6.55bn of new debt with a 30% Class A write-off; it is non-binding and its later status is unconfirmed (Thames Water). US issuers use the plan too: New Fortress Energy is restructuring about US$5.7bn through a Part 26A plan plus Chapter 15 (New Fortress Energy).
15.2 Continental Europe
European LMEs have arrived despite stronger blockers. CreditSights named Selecta, Hunkemöller, Victoria and Altice International as 2025's marquee deals and concluded that "creditor-on-creditor violence has definitively arrived in Europe" (CreditSights). J.Crew protection appeared in 89% of European leveraged loans and 44% of high-yield bonds in 2025, but 71% of bond blockers were rated "ugly" (Octus). Distressed exchanges drove most European defaults: S&P's trailing spec-grade rate was 3.3% in Q1 2026 (AFME). Statutory tools are maturing alongside: Germany's Constitutional Court dismissed 19 shareholder complaints against Varta's StaRUG plan, which cut equity to zero (Heuking).
15.3 Canada and Asia
Canada favors fast asset sales. CCAA filings totaled 71 in 2025, and 18 of 51 sale-process cases closed through reverse vesting orders (Miller Thomson). Hudson's Bay filed in Mar 2025 and was liquidated (Retail Insider, secondary).
In Asia, court processes have mostly ended in liquidation or stalemate. Hong Kong's High Court ordered Evergrande wound up on Jan 29, 2024 (HKEX). China Vanke missed the original Dec 2025 maturity on two onshore bonds worth CNY5.7bn (about US$817mm), and creditors rejected 12-month extensions (Bloomberg Law, secondary). In Korea, the court scrapped MBK-owned Homeplus's rehabilitation plan on Jul 3, 2026 after it failed to raise about US$130mm (DealStreetAsia, secondary).
Trends and outlook
Cases & OutlookRescue capital is getting larger, more structured and more consensual, while the stress that creates demand for it builds inside private credit and under rising rates. Ten trends define the outlook. Where forecasters disagree, the range is shown with each source.
Structured equity is scaling, and fund sizes are scaling with it. Apollo Hybrid Value Fund III closed at US$6.5bn on May 5, 2026, against US$4.6bn for Fund II (2022) and US$3.3bn for Fund I (2019) (Apollo). Ares Special Opportunities Fund III raised US$9.8bn, up from US$3.5bn for its first fund in 2020 (Ares). Silver Point's second distressed fund reached US$4.6bn, against US$1.7bn for the 2019 fund (Alternatives Watch, secondary). Apollo earned record capital solutions fees of US$277mm in Q2 2026 (Apollo), and Apollo, Sixth Street and Bain have "ramped up preferred-equity deals" (Bloomberg via Advisor Perspectives, secondary). UWM Holdings–Oaktree is the current template (see section 4.2). No market-wide figure for preferred or structured equity volume is publicly available.
LMEs are turning consensual. In H1 2026, equity handovers and consensual amend-and-extends became the dominant tools, and "coercive uptier structures that defined 2025 have all but vanished" (9fin). Octus data show the turn: 18 of its 28 uptiers, drop-downs and pari-plus deals in 2025 came in H1 (Octus). Total activity has held up, with 25 completed LMEs in H1 2026 against 24 a year earlier (9fin). Documents are tightening as well. J.Crew, Serta and Chewy blockers are "near-standard" in US leveraged loans, and J.Crew blockers in non-sponsored HY bonds rose from 14% in 2025 to 27% in H1 2026 (9fin).
Courts are raising the cost of aggressive tactics, though not uniformly. The Serta remand awarded excluded lenders US$261.13mm plus 9% prejudgment interest on Jul 7, 2026 (Mayer Brown). The ConvergeOne reversal bars exclusive backstop rights that give majority lenders extra recovery without new consideration (HLC). The Wesco/Incora district court went the other way on Dec 8, 2025, upholding a multi-step uptier (Mayer Brown). The Fifth Circuit appeal and the Trinseo ruling therefore carry the open questions (see section 9 and Exhibit 37).
Co-ops face antitrust risk. Excluded lenders in Selecta and the borrower in Optimum v. Apollo allege that creditor co-ops violate Sherman Act §1 (HLC). The LSTA and four other trade groups backed dismissal on Mar 30, 2026, and no ruling had been found by Oct 7, 2026 (LSTA). Issuers are drafting against co-ops too: Warner Bros. Discovery's Jun 2025 indenture bars noteholders from agreements that limit new money, with a carve-out for defensive co-ops (Crowell).
Stress is building inside private credit, led by software. "Bad PIK" added after origination reached 6.2% of all loans in Q2 2026, up from 5.9% in Q1 (Lincoln). BDC non-accruals rose to 2.75% of cost from 1.81% over the same quarter (KBRA via Alternative Credit Investor, secondary). SaaS loans exceeded US$500bn, or 19% of direct loans, at end-2025 (BIS), and UBS projects defaults of up to 11% for high-AI-risk software loans (Alvarez & Marsal). Software and second lien account for 89% of the year-on-year rise in top BDCs' distressed exposure (PitchBook).
Insurance and retail capital now fund the asset class, with opposite liquidity. Brookfield Wealth Solutions supplied US$45bn of Brookfield's US$51bn Q2 2026 credit raise (Brookfield), and Oaktree bought Atlantic Coast Life in Mar 2026 (Alternative Credit Investor, secondary). Retail money is less patient. Redemption requests at 20 private credit funds exceeded US$22bn in Q2 2026, and less than 40% were honored (HSF Kramer, secondary). Two Blue Owl funds kept 5% quarterly caps because requests were "substantially above the cap" (BNN Bloomberg, secondary).
Banks are partnering with managers rather than competing. Citi and Apollo formed a US$25bn program in Sep 2024, and JPMorgan committed US$50bn of balance sheet plus about US$15bn from co-lenders in Feb 2025 (ABF Journal, secondary). The Wells Fargo–Centerbridge venture has completed more than US$7bn of deals (Bloomberg, secondary). Regulators are watching the linkage: the Dallas Fed and New York Fed released a private credit pilot survey on Aug 5, 2026 (Dallas Fed).
GP-led secondaries compete with rescue capital for sponsor-backed companies. GP-led volume rose 32% to US$62bn in H1 2026, and continuation vehicles made up 89% of it (Jefferies). Ropes & Gray projects total secondary volume of about US$300bn a year within 12–24 months (Ropes & Gray). The exit backlog behind this demand is described in section 5.
Rates are rising again, which prolongs the stress. The FOMC raised its target range by 25bp to 3.75–4.00% on Sep 16, 2026, stating that "inflation remains elevated" (Federal Reserve). The 10-year Treasury yield stood at 5.27% on Oct 6, 2026 (US Treasury). Higher base rates raise cash interest for floating-rate borrowers, and a quarter of KBRA's middle-market sample was already below 1.0x coverage (see section 5). The maturity wall then builds, with about US$500bn of global spec-grade nonfinancial maturities in 2027 and about US$800bn in 2028 (S&P Global Ratings, as of Jul 1, 2025, read from chart).
Default forecasts diverge by measure more than by view. Year-end 2026 baselines run from 1.8% to 5.0%:
- Moody's US spec-grade (issuer-weighted): 4.3% by Dec 2026, raised from 3.7% in the Jul forecast (Moody's via First Trust, secondary).
- Fitch: US leveraged loans 4.5–5.0% and HY 2.5–3.0% (Fitch via Crypto Briefing, secondary).
- JPMorgan HY by par, including distressed exchanges: 1.8% for 2026 and 2.3% for 2027 (JPMorgan via Eaton Vance).
- Moody's Apr 2026 pessimistic scenario, 12 months ahead (not a baseline): about 8% (Bloomberg Government, secondary).
Spreads price the benign end of that range. US HY OAS was 3.12% on Oct 5, 2026, close to its 2026 low of 2.60% (FRED).
Tracking the industry
Cases & OutlookFifteen public indicators, most monthly or quarterly, show where rescue demand sits in the cycle. Exhibit 36 groups them by defaults, prices, private credit health, restructuring activity, capital supply and rates.
Exhibit 36: Defaults and private credit stress are elevated while spreads stay tight
| Indicator | Source | Frequency | What it signals | Latest reading (date) |
|---|---|---|---|---|
| US spec-grade default rate, issuer-weighted TTM | Moody's | Monthly | Broad corporate distress, including distressed exchanges | 5.3% (Aug 2026) |
| Leveraged loan and HY default rates, TTM | Fitch | Monthly | Loan versus bond distress | 3.8% / 2.7% (Jul 2026) |
| US private credit default rate, TTM | Fitch | Monthly | Stress among Fitch-rated private credit borrowers | 6.3% (Aug 2026) |
| Loan payment default rate | PitchBook LCD | Monthly | Hard defaults only; the gap to issuer-weighted rates measures LME activity | 0.87% (Aug 2026) |
| Loan distress ratio (share priced below 80) | PitchBook LCD | Monthly | Pipeline of future restructurings | 6.89% (Jul 2026) |
| ICE BofA US HY OAS | FRED | Daily | Market pricing of credit risk | 3.12% (Oct 5, 2026) |
| ICE BofA CCC and lower OAS | FRED | Daily | Cost of capital at the rescue end | 12.02% (Oct 2, 2026) |
| PIK share; "bad PIK" share of all loans | Lincoln International | Quarterly | Shadow defaults in private credit | 11.1% / 6.2% (Q2 2026) |
| BDC non-accruals, at cost | KBRA (secondary) | Quarterly | Realized stress in BDC portfolios | 2.75% (Q2 2026) |
| Middle-market interest coverage | KBRA DLD | Quarterly | Share of borrowers that cannot service cash interest | 25% below 1.0x; median 1.5x (Q4 2025) |
| Completed LMEs | 9fin | Half-yearly | Out-of-court restructuring volume | 25 (H1 2026) |
| Large US corporate bankruptcies | S&P Global MI (secondary) | Monthly | In-court restructuring volume | 372 (H1 2026) |
| Commercial Chapter 11 filings | Epiq AACER (secondary) | Monthly | Breadth of filings, including small business | 623 (Aug 2026) |
| Special situations / distressed fundraising | Preqin via Paul Weiss | Half-yearly | New supply of rescue capital | US$16.3bn / US$5.9bn (H1 2026) |
| Fed funds target; 10-year Treasury | Federal Reserve; US Treasury | Per meeting; daily | Debt service burden and refinancing cost | 3.75–4.00% (Sep 16, 2026); 5.27% (Oct 6, 2026) |
Sources: Moody's via First Trust (secondary); Fitch via Crypto Briefing (secondary); Fitch via Webull (secondary); PitchBook LCD; FRED HY OAS; FRED CCC OAS; Lincoln International; KBRA via Alternative Credit Investor (secondary); KBRA DLD; 9fin; CFO Dive (secondary); ABF Journal (secondary); Paul Weiss; Federal Reserve; US Treasury.
The readings diverge in a consistent direction: default and private credit measures sit near cycle highs, while the 3.12% HY spread prices little of that stress. Read each default rate on its own basis (see Exhibit 7).
Signposts and calendar
Cases & OutlookThe rest of 2026 brings two FOMC meetings, the close of the UWM Holdings rights offering and several court rulings that will set the rules for LMEs and co-ops. Exhibit 37 lists each event with what to watch. Dates marked "expected" are not confirmed.
Exhibit 37: Court rulings and the UWM rights offering are the key signposts through Mar 2027
| Date | Event | What to watch |
|---|---|---|
| Oct 27–28, 2026 | FOMC meeting | Whether the Fed hikes again after Sep 16; floating-rate coupons and coverage move with it |
| Late Oct–early Nov 2026 (expected) | Q3 results: Apollo, Ares, Blackstone, KKR, Blue Owl | Capital solutions fees against Apollo's US$277mm Q2 record; opportunistic fundraising; evergreen redemption gates |
| Nov 12, 2026 | UWM Holdings rights offering expires | Take-up of the US$400mm offering; how much Oaktree backstops and Ishbia funds; the price against the US$2.00 floor |
| Mid-month (expected) | Moody's and Fitch monthly default reports | Moody's US rate against its 4.3% Dec 2026 baseline; Fitch private credit above 6.3% |
| Monthly (expected) | S&P Global MI large US bankruptcy counts | Whether H2 2026 runs above H1's 372; full-year count in Jan 2027 (expected) |
| Nov 2026 (expected) | Lincoln Q3 private market index; KBRA Q3 BDC non-accruals | "Bad PIK" above 6.2%; non-accruals above 2.75% |
| Dec 8–9, 2026 | FOMC meeting | Rate path into 2027 refinancing |
| Pending (no date) | Trinseo confirmation ruling, Bankr. S.D. Tex. | Whether about US$1.5bn of disputed intercompany claims from its 2023 and 2025 pari-plus refinancings survive |
| Pending (no date) | Optimum v. Apollo and Selecta motions to dismiss, SDNY | Whether creditor co-ops carry Sherman Act exposure |
| Pending (no date) | Wesco/Incora Fifth Circuit appeal | Whether the step-by-step test that blessed the multi-step uptier stands |
| Jan 2027 (expected) | Octus and 9fin full-year 2026 LME tallies | Whether consensual deals keep displacing coercive uptiers |
| Early 2027 (expected) | Preqin via Paul Weiss H2 2026 fundraising; Jefferies full-year secondaries review | Special situations raising against US$16.3bn in H1 2026; GP-led volume against US$62bn |
| Status unverified | Thames Water recapitalization | A binding deal on the creditor proposal (£3.35bn equity, 30% Class A write-off) or a move to special administration |
Sources: Federal Reserve FOMC calendar; Apollo Q2 2026 release; UWM Holdings 8-K; Moody's via First Trust (secondary); Fitch via Webull (secondary); CFO Dive (secondary); Lincoln International; BankruptcyData; LSTA; HLC; Mayer Brown; Octus; Paul Weiss; Jefferies; Thames Water; Global Restructuring Review. Expected dates are the author's estimates from prior publication timing.
The three pending rulings matter most for pricing: together they decide how much value a majority group can capture in a non-pro-rata deal and whether lenders can organize to stop one.
Key players
AppendicesAll firms below appear in the body. Scale figures use each firm's latest disclosed basis and date, so they are not comparable.
Exhibit 38: Key players in rescue capital
| Name | Role | Ownership | HQ | Scale (date) | Relevant strategy |
|---|---|---|---|---|---|
| Apollo | Alternative manager; owns Athene | NYSE: APO | New York | AUM US$1.047tn; credit US$849bn (Jun 30, 2026) | Hybrid Value III US$6.5bn; QXO preferred |
| Blackstone | Alternative manager | NYSE: BX | New York | AUM US$1,346.3bn; Credit & Insurance US$469.3bn (Jun 30, 2026, secondary) | Capital Opportunities V >US$10bn |
| Brookfield / Oaktree | Alternative manager | NYSE, TSX: BAM; Oaktree wholly owned from Jul 2026 | Toronto; Oaktree Los Angeles | BAM >US$1tn (Jun 30, 2026); Oaktree US$202bn (Dec 31, 2024) | Opportunities XII ~US$16bn; UWM Holdings preferred |
| KKR | Alternative manager; owns Global Atlantic | NYSE: KKR | New York | AUM US$796bn; Strategic Investments US$11bn (Jun 30, 2026) | Opportunistic credit |
| Ares | Alternative manager | NYSE: ARES | Los Angeles | AUM US$671bn (Jun 30, 2026) | Special Opportunities III US$9.8bn |
| Carlyle | Alternative manager | NASDAQ: CG | Washington DC | AUM US$485bn; Global Credit US$211bn (Jun 30, 2026) | Rescue fund n/d |
| TPG (Angelo Gordon) | Alternative manager | NASDAQ: TPG | Fort Worth | AUM US$327bn (Jun 30, 2026, secondary) | Credit split n/d |
| Blue Owl | Alternative manager | NYSE: OWL | New York | AUM US$319bn (Jun 30, 2026, secondary) | Big Lots sale-leaseback; 5% fund gates |
| Sixth Street | Credit specialist | Private | San Francisco | >US$130bn (2026, secondary) | TAO evergreen pool; preferred deals |
| Bain Capital Special Situations | Special situations investor | Private | Boston | US$9bn raised across funds (Nov 18, 2024, secondary) | Special situations; preferred deals |
| Elliott | Hedge-fund-style investor | Private | West Palm Beach | ~US$80.3bn (Jun 30, 2026) | Distressed; Thames Water creditor |
| Cerberus | Distressed investor | Private | New York | ~US$70bn (Mar 31, 2024) | Distressed |
| Fortress | Alternative manager | n/d | New York | US$55bn managed (Jun 30, 2026) | n/d |
| Centerbridge | Multi-strategy investor | Private | New York | US$49bn (Jun 30, 2026) | Distressed; Overland Advantage with Wells Fargo |
| Silver Point | Distressed specialist | Private | Greenwich | ~US$31bn (secondary) | Distressed Opportunity II US$4.6bn (Sep 16, 2024) |
| King Street | Distressed investor | Private | New York | ~US$30bn (Sep 30, 2026) | Distressed credit |
| Strategic Value Partners | Special situations investor | Private | Greenwich | US$18.6bn (Sep 2024) | Special Situations VI US$6.5bn |
| Houlihan Lokey | Financial advisor | NYSE: HLI | Los Angeles | Restructuring revenue US$529mm (FY to Mar 31, 2026) | Lead financial advisor, Octus H1 2026 |
| PJT Partners | Financial advisor | NYSE: PJT | New York | Revenue US$1.71bn (2025) | Renesas in Wolfspeed |
| Evercore; Lazard | Financial advisors | Listed | n/d | Restructuring revenue n/d | First Brands (both sides) |
| FTI Consulting; Alvarez & Marsal | Financial and operating advisors | n/d | n/d | Lead financial advisors, Octus H1 2026 | A&M for First Brands |
| Kirkland & Ellis | Law firm | Private | n/d | #1 lead debtor counsel, Debtwire 2025 | Renesas in Wolfspeed |
| Gibson Dunn | Law firm | Private | n/d | #1 legal advisor, Octus Americas H1 2026 | First Brands ad hoc group |
| Citi; JPMorgan; Wells Fargo | Bank origination partners | Listed | n/d | JPMorgan US$50bn plus ~US$15bn co-lenders; Citi–Apollo US$25bn | Private credit partnerships |
| Washington State Investment Board | Limited partner | Public pension | Washington State | Distressed commitments US$4.52bn (Sep 30, 2025) | Distressed bucket 9.64% net, 1.5x |
Sources: Apollo; Pulse 2.0 (secondary); Blackstone; Brookfield; Oaktree; KKR; Ares; Carlyle; Alternatives Watch (secondary); BNN Bloomberg (secondary); Wikipedia (secondary); Alternatives Watch (secondary); Elliott; Cerberus; Fortress; Centerbridge; Alternatives Watch (secondary); King Street; NJ Division of Investment; Houlihan Lokey; PJT Partners; Octus; Kirkland (Debtwire); First Brands; ABF Journal (secondary); WSIB. n/d = not disclosed.
Glossary
Appendices- 363 sale
- Court-approved sale of a debtor's assets, free of most liens.
- A&E
- Amend-and-extend: consensual maturity extension, usually for better terms.
- Absolute priority
- A dissenting class is paid in full before juniors keep value.
- Accreted value
- Stated value plus PIK accrued to date.
- Ad hoc group
- Creditors organized informally to negotiate together.
- Backstop
- Commitment to buy unsold rights-offering shares, for a premium and discount.
- BDC
- Business development company; a US vehicle holding mostly private loans.
- Capped call
- Option bought with a convert to lift the effective conversion price.
- Chapter 15
- US recognition of a foreign restructuring proceeding.
- Continuation vehicle
- New fund, run by the same GP, that buys assets from an older fund.
- Co-op
- Cooperation agreement binding lenders to act only together.
- Cramdown
- Plan confirmation over a dissenting class's objection.
- Credit bid
- Secured lender's bid for assets using its claim instead of cash.
- DIP loan
- Debtor-in-possession loan with court-approved priority.
- Distressed exchange
- Swap of debt into a less valuable package to avoid default.
- Double-dip
- Structure giving new lenders two claims on the same collateral.
- Drop-down
- Moving assets out of the credit group to borrow against them.
- Dry powder
- Committed fund capital not yet invested.
- Exit financing
- New capital that funds emergence from Chapter 11.
- Free-fall
- Chapter 11 filing without a pre-agreed plan.
- GP-led secondary
- Sponsor-run sale of fund assets, usually into a continuation vehicle.
- Holdco PIK
- PIK debt above the operating company, structurally subordinated.
- J.Crew blocker
- Covenant stopping material assets moving to unrestricted subsidiaries.
- Liquidation preference
- What a preferred receives before common in a sale or liquidation.
- LME
- Liability management exercise: out-of-court deal using existing documents.
- Make-whole
- Redemption price equal to the present value of forgone coupons.
- Minimum MOIC
- Floor on the multiple paid on early repayment.
- MOIC
- Multiple on invested capital: cash returned divided by cash invested.
- NAV loan
- Loan to a private equity fund secured on its portfolio value.
- Non-accrual
- Loan on which the lender has stopped booking interest income.
- OAS
- Option-adjusted spread over Treasuries.
- Open market purchase
- Exception to pro rata sharing, read narrowly in Serta.
- Pari-plus
- New debt supported by entities outside the credit group.
- Part 26A plan
- UK restructuring plan with cross-class cram-down.
- PIK toggle
- Debt letting the issuer choose cash or PIK interest each period.
- Prepack
- Chapter 11 case with votes solicited before filing.
- Pro rata sharing
- Lenders in a class share payments equally.
- Rights offering
- Offer of new shares to holders or creditors, often at a discount.
- Roll-up
- Prepetition debt converted into super-priority DIP debt.
- RSA
- Restructuring support agreement binding creditors to a plan.
- Sacred rights
- Terms that need each affected lender's consent to change.
- Sale-leaseback
- Sale of owned property to an investor that leases it back.
- Uptier
- Majority amendment creating debt senior to excluded lenders.
Sources
AppendicesEvery linked source in the primer, listed once under the section where it first appears. Sources marked "secondary" in the text are trade press, aggregators or blogs.
1. The short version
- Eaton Vance — eatonvance.com/content/dam/im/assets/publication/thought-leadership/ar…
- UWM Holdings 8-K — sec.gov/Archives/edgar/data/0001783398/000178339826000114/xbrl-2026080…
- Blackstone — blackstone.com/news/press/blackstone-closes-flagship-opportunistic-cre…
- Preqin — preqin.com/insights/research/sector-in-focus/strategy-in-focus-special…
- WSIB — sib.wa.gov/docs/reports/quarterly/ir093025.pdf
- Crowell & Moring — crowell.com/en/insights/publications/an-overview-of-the-use-of-coopera…
- Debtwire — ionanalytics.com/insights/debtwire/creeping-roll-ups-gain-traction-in-…
- Proskauer — proskauer.com/uploads/insights-on-the-nav-financing-market-full-year-2…
- Dallas Fed — dallasfed.org/news/releases/2026/nr260805privatecredit
- Preqin via Paul Weiss — paulweiss.com/media/gfxhgp3c/credit_fundraising_at_a_glance_h1_2026.pd…
- Oaktree — businesswire.com/news/home/20250210248809/en
- Moody's via First Trust — ftportfolios.com/Blogs/InvestBlog/2026/9/17/factoid---thursday,-septem…
- PitchBook LCD — pitchbook.com/news/distressed-debt
- PitchBook — pitchbook.com/news/articles/leveraged-loan-default-rate-ticks-higher-i…
- Roe & Rotaru (ECGI) — ecgi.global/publications/blog/liability-managements-limited-runway-cor…
- Lincoln International — lincolninternational.com/news/the-lincoln-private-market-index-earning…
- KBRA — kbra.com/publications/kpbzZfGH/kbra-releases-research-private-credit-q…
- FRED — fred.stlouisfed.org/data/BAMLH0A0HYM2
- Mayer Brown — mayerbrown.com/en/insights/publications/2026/07/serta-simmons-bedding-…
- Mayer Brown — mayerbrown.com/en/insights/publications/2025/05/serta-and-mitel-the-la…
- Preqin via Paul Weiss — pwv13.live.multimediasolutions.com/media/vaafr2qj/credit_fundraising_a…
- Moody's/JPM via BlackRock — blackrock.com/gls-download/literature/market-commentary/credit-current…
- FRED — fred.stlouisfed.org/series/BAMLH0A3HYC
- S&P Global MI via CFO Dive — cfodive.com/news/us-corporate-bankruptcies-hover-16-year-high-sp/82512…
2. Units and vocabulary
- Lucid 8-K — sec.gov/Archives/edgar/data/1811210/000110465924038177/tm249613d1_8k.h…
- Wolfspeed 8-K — sec.gov/Archives/edgar/data/895419/000119312523174504/d462549d8k.htm
- Moody's — moodys.com/web/en/us/insights/credit-risk/private-credit/lend-extend-a…
- King & Spalding — kslaw.com/attachments/000/008/521/original/How_did_they_do_it_J._Crew.…
- BankruptcyData — bankruptcydata.com/article/from-the-courtroom-trinseo-plc-debtors-warn…
- Octus — octus.com/resources/articles/dip-rollups-the-final-frontier-for-credit…
- Brattle — brattle.com/wp-content/uploads/2021/05/17995_assessing_the_reasonablen…
- Buccola et al. — blogs.law.ox.ac.uk/oblb/blog-post/2025/06/backstop-party
3. Definition and size
- Apollo — apollo.com/insights-news/pressreleases/2026/05/apollo-hybrid-value-fun…
- Blackstone — businesswire.com/news/home/20230821564665/en/Blackstone-Announces-Reco…
- PitchBook — pitchbook.brightspotcdn.com/74/45/4f36da844589a606c5cea79f2aeb/q2-2026…
- ICE via Eaton Vance — eatonvance.com/content/dam/im/assets/publication/thought-leadership/ar…
- LSTA — lsta.org/content/morningstar-lsta-leveraged-loan-index-analysis-decemb…
- H2 2022 — paulweiss.com/media/3982988/credit_fundraising_at_a_glance_h2_2022.pdf
- H2 2023 — WWW.PAULWEISS.COM/media/3984288/credit_fundraising_at_a_glance_h2_2023…
- H1 2024 — paulweiss.com/media/3985082/credit_fundraising_at_a_glance_h1_2024.pdf
- H2 2024 — paulweiss.com/media/3985960/credit_fundraising_at_a_glance_-h2-2024.pd…
- H1 2025 — pwv13.live.multimediasolutions.com/media/inwlvamg/credit_fundraising_a…
- Ares Special Opportunities Fund III — businesswire.com/news/home/20260330751690/en/Ares-Raises-Over-9.8-Bill…
- Ares — businesswire.com/news/home/20200622005166/en/Ares-Management-Corporati…
- Bain Capital Special Situations — alternativeswatch.com/2024/11/18/bain-capital-closes-global-special-si…
- SVP Special Situations Fund VI — nj.gov/treasury/doinvest/pdf/AlternativeInvestments/PrivateEquity/Agen…
- Silver Point DOIP II — alternativeswatch.com/2024/09/16/silver-point-closes-opportunistic-cre…
- Private Equity Wire — privateequitywire.co.uk/svpglobal-closes-strategic-value-special-situa…
- Crypto Briefing — cryptobriefing.com/fitch-us-corporate-default-rates-july-2026/
- Webull — webull.com/news/15578827387765760
- IDN Financials — idnfinancials.com/news/62007/us-private-credit-default-hits-record-9-2…
- FI Desk — fi-desk.com/defaults-creep-higher-in-leveraged-credit-markets/
4. How it works: the instruments
- Hertz 8-K — sec.gov/Archives/edgar/data/1657853/000095010324008615/dp213147_ex9901…
- Proskauer — proskauer.com/alert/structured-preferred-equity-a-versatile-tool-in-th…
- Apollo — ir.apollo.com/sec-filings/content/0001858681-26-000036/agmearningsrele…
- HousingWire — housingwire.com/articles/uwm-preferreds-warrants-dilution
- UWM Holdings 424B5 — sec.gov/Archives/edgar/data/0001783398/000162828026063816/uwmc-rights4…
- UWM Holdings press release, ex-99.2 — sec.gov/Archives/edgar/data/0001783398/000178339826000114/ex992oaktree…
- Bloomberg via Advisor Perspectives — advisorperspectives.com/articles/2026/09/22/oaktrees-1-5-billion-deal-…
- QXO — s204.q4cdn.com/433193842/files/doc_news/2026/Jan/05/PDF-Final-QXO_-_Pr…
- Accuray SPA — sec.gov/Archives/edgar/data/0001138723/000143774926024904/ex_995022.ht…
- New Fortress Energy — ir.newfortressenergy.com/node/10201/html
- Boston Fed — bostonfed.org/publications/current-policy-perspectives/2026/early-warn…
- ABF Journal — abfjournal.com/the-pik-divide-separating-structural-flexibility-from-s…
- IFR — ifre.com/ifr-awards/2332504/europe-high-yield-bond-verisure-holdcos-1b…
- Carvana 8-K — sec.gov/Archives/edgar/data/1690820/000169082023000243/cvna-20230801.h…
- IFR — ifre.com/ifr-awards/1443705/americas-restructuring-carvanas-us5.5bn-de…
- CNBC — cnbc.com/2023/07/19/carvana-deal-to-reduce-debt-shares-soar.html
- Wolfspeed 8-K — sec.gov/Archives/edgar/data/895419/000119312525199310/d36059dex991.htm
- AMC (2024) — businesswire.com/news/home/20240722193675/en/
- AMC 8-K (2025) — sec.gov/Archives/edgar/data/0001411579/000110465925064419/tm2519525d1_…
- Peloton pricing — investor.onepeloton.com/news-releases/news-release-details/peloton-int…
- Peloton completion — investor.onepeloton.com/news-releases/news-release-details/peloton-ann…
- IFR — ifre.com/equities/2338749/us-cbs-head-to-all-time-record-issuance-in-2…
- IREN 8-K — sec.gov/Archives/edgar/data/1878848/000114036125038083/ef20056955_ex99…
- Big Lots 8-K — sec.gov/Archives/edgar/data/768835/000076883523000097/exhibit991-press…
- Covington — cov.com/-/media/files/corporate/publications/2025/06/third-annual-synt…
- Intel 10-K — sec.gov/Archives/edgar/data/50863/000005086325000009/intc-20241228.htm
- Manufacturing Dive — manufacturingdive.com/news/intel-apollo-enter-joint-venture-at-leixlip…
- Jefferies — jefferies.com/insights/the-big-picture/2025-global-secondary-market-re…
- Jefferies — jefferies.com/wp-content/uploads/sites/4/2026/07/Jefferies-Global-Seco…
5. Customers and demand drivers
- Octus — octus.com/resources/articles/spirit-airlines-wind-down-second-chapter-…
- ABF Journal — abfjournal.com/banks-and-private-credit-managers-are-building-an-origi…
- Bloomberg — bloomberg.com/news/articles/2026-01-29/wells-fargo-centerbridge-ventur…
- Federal Reserve — federalreserve.gov/newsevents/pressreleases/monetary20260916a.htm
- US Treasury — home.treasury.gov/resource-center/data-chart-center/interest-rates/Tex…
- KBRA via Alternative Credit Investor — alternativecreditinvestor.com/2026/09/07/non-accruals-rise-as-credit-s…
- S&P Global Ratings via Maalot — maalot.co.il/Publications/FTS20250903140619.pdf
- Bain — bain.com/about/media-center/press-releases/2026/private-equity-resurge…
- BIS — bis.org/publ/qtrpdf/r_qt2603v.htm
- CI GAM — cifinancial.com/ci-gam/ca/en/expert-insights/articles/private-credit-a…
- Alvarez & Marsal — alvarezandmarsal.com/sites/default/files/article/pdf/Debt%20Market%20U…
7. Liability management exercises
- Alston & Bird — alston.com/-/media/files/insights/publications/2021/09/trimark-client-…
- LSTA/LMA panel, Covenant Review data — events.lsta.org/app/uploads/2025/05/Liability-Management-Transactions-…
- Octus — octus.com/resources/articles/the-year-in-lmes/
- Reorg — reorg.com/articles/double-dips-vs-pari-plus/
- 9fin — 9fin.com/insights/h1-2026-lme-update
- Serta Simmons Bedding — sertasimmons.com/news/serta-simmons-bedding-enters-into-agreement-with…
- Reorg/Octus — reorg.com/global-liability-management-quarterly-altice-france-asset-dr…
- Morgan Lewis — morganlewis.com/de/pubs/2026/01/anthology-and-in-court-liability-manag…
- Cleary Gottlieb — clearygottlieb.com/-/media/files/alert-memos-2026/lme-litigation-revie…
- Ropes & Gray — ropesgray.com/-/media/files/events/2026/2026-credit-funds-forum-docs/2…
- Bloomberg Law — news.bloomberglaw.com/bankruptcy-law/distress-exchange-leads-to-re-def…
- Wellington — wellington.com/en-au/institutional/insights/the-impact-of-lmes
- Creditflux — newsletter.creditflux.com/distress-caused-by-lmes-triggers-headache-fo…
- HLC — hlc.com/en/publications/cooperation-agreements-under-fire-two-new-laws…
- Optimum 8-K — sec.gov/Archives/edgar/data/0001702780/000121390026063161/ea029287101e…
- 9fin — 9fin.com/insights/us-covenant-trends-report-h1-26-leveraged-loans-HY-b…
- Octus — octus.com/resources/articles/the-good-the-bad-and-the-ugly-of-j-crew-b…
- Proskauer — proskauer.com/pub/boardriders-minority-lenders-win-round-one
8. Chapter 11 and in-court tools
- Debtwire — ionanalytics.com/insights/debtwire/high-cost-dip-loans-and-unique-stru…
- Bondoro — app.bondoro.com/preview/cases/Spirit_Aviation_Holdings_Inc/dip-terms
- SFNet — sfnet.com/home/chapters/canada/news-detail/2026/04/06/saks-global-targ…
- Octus — octus.com/resources/articles/court-opinion-review-1025/
- HLC — hlc.com/en/publications/federal-court-limits-lme-tactic-in-chapter-11-…
- Octus — octus.com/resources/articles/robertshaw-credit-bid-sale-approved
- FTI Consulting — fticonsulting.com/-/media/files/insights/articles/2025/nov/professiona…
- Morris Nichols — morrisnichols.com/insights-one-day-restructuring-the-new-trend-of
- Squire Patton Boggs — squirepattonboggs.com/insights/publications/purdue-pharma-supreme-cour…
- Octus — octus.com/resources/blog/delaware-losing-its-grip-on-chapter-11/
9. Law, regulation and policy
- Paul Weiss — paulweiss.com/insights/client-memos/texas-bankruptcy-court-rules-on-li…
- Mayer Brown — mayerbrown.com/en/insights/publications/2026/01/the-state-of-play-on-u…
- 9fin — 9fin.com/insights/trinseo-lme-trial
- Reorg — reorg.com/trimark-settlement/
- HLC (Red River) — hlc.com/en/publications/johnson-johnsons-red-river-bankruptcy-strategy…
- Bloomberg Law — news.bloomberglaw.com/bloomberg-government-news/booming-texas-bankrupt…
- LSTA — lsta.org/content/optimum-communications-inc-v-apollo-capital-managemen…
10. The money
- Cliffwater for Rhode Island — data.treasury.ri.gov/dataset/222f11fc-2a13-4d61-9786-8873a4c509ce/reso…
- Cliffwater for Rhode Island — data.treasury.ri.gov/dataset/ce394e0f-d832-4903-b10c-c4e13e39d964/reso…
- Wikipedia — en.wikipedia.org/wiki/Sixth_Street_Partners
- Jacksonville Police & Fire Pension Fund — jacksonville.gov/getattachment/Departments/Police-Fire-Pension-Fund/Fi…
- Cliffwater for Rhode Island (Antares) — data.treasury.ri.gov/dataset/6bb32e18-bae3-429d-b8e9-ddbdc7bc8309/reso…
- Buyouts — buyoutsinsider.com/apollos-hybrid-fund-focus-structured-equity-senior-…
- Oregon OPERF Opportunity Portfolio — oregon.gov/treasury/invested-for-oregon/Documents/Invested-for-OR-Perf…
- WSIB — sib.wa.gov/docs/reports/quarterly/ir123124.pdf
- Ares — sec.gov/Archives/edgar/data/0001176948/000162828026051191/a2026q2-ex99…
- Brookfield Asset Management — bam.brookfield.com/sites/brookfield-bam-v2/files/BAM-IR-Master/Press-R…
- Houlihan Lokey — investors.hl.com/news/press-and-earnings-releases/news-details/2026/Ho…
- Bloomberg Law — news.bloomberglaw.com/us-law-week/ftxs-950-million-bankruptcy-fees-amo…
11. Market structure and competition
- Alternative Credit Investor — alternativecreditinvestor.com/tag/oaktree-capital-management/
12. What goes wrong
- Norton Rose Fulbright — nortonrosefulbright.com/en/restructuring-touchpoint/blog/2024/01/engli…
- Judiciary UK — judiciary.uk/wp-content/uploads/2025/07/Saipem-and-others-v-Petrofac-p…
- BNN Bloomberg — bnnbloomberg.ca/business/company-news/2026/07/30/blue-owls-second-quar…
- Business Wire — secure.businesswire.com/news/home/20250928297847/en/First-Brands-Group…
- HSF Kramer — hsfkramer.com/insights/2026-07/asia-private-capital-quarterly-analysis…
13. The industry map and company profiles
- KKR — sec.gov/Archives/edgar/data/0001404912/000140491226000022/q226earnings…
- Pulse 2.0 — pulse2.com/blackstones-aum-reach-record-1-35-trillion-in-second-quarte…
- Carlyle — sec.gov/Archives/edgar/data/0001527166/000152716626000036/cg202606308-…
- Alternatives Watch — alternativeswatch.com/2026/08/04/tpg-q2-2026-earnings-327-billion-aum/
- Elliott — elliottmgmt.com/about-elliott/
- Express & Star — expressandstar.com/uk-news/thames-water-lenders-propose-new-rescue-dea…
- Cerberus — cerberus.com/
- Fortress — fortress.com/
- Centerbridge — centerbridge.com/
- CalPERS — calpers.ca.gov/investments/about-investment-office/investment-organiza…
- King Street — kingstreet.com/
- PJT Partners — ir.pjtpartners.com/news-events/press-releases/detail/110/pjt-partners-…
- Octus — octus.com/resources/league-tables/americas-restructuring-advisor-leagu…
- Kirkland (Debtwire) — kirkland.com/news/award/2026/01/debtwire
- Proskauer — proskauer.com/release/proskauer-advises-bausch-health-on-79-billion-re…
14. Case studies
- Arendt — arendt.com/news-insights/news/arendt-advises-an-ad-hoc-group-of-credit…
- SFNet — sfnet.com/home/chapters/canada/news-detail/2026/02/23/saks-global-rece…
15. Global notes
- A&O Shearman — aoshearman.com/en/insights/global-restructuring-outlook/dutch-restruct…
- Heuking — heuking.de/en/news-events/newsletter-articles/detail/the-success-of-th…
- Miller Thomson — millerthomson.com/en/insights/restructuring-and-insolvency/by-the-numb…
- HKEX — hkexnews.hk/listedco/listconews/sehk/2024/0129/2024012900565.pdf
- DealStreetAsia — dealstreetasia.com/stories/s-korea-bankruptcy-court-homeplus-487785
- Insolvency Service — assets.publishing.service.gov.uk/media/684fe83a77c424182b0c4e52/FOI182…
- Express & Star — expressandstar.com/uk-news/thames-water-restructuring-approved-by-high…
- Thames Water — thameswater.co.uk/news/2026/mar/recapitalization-update-press-speculat…
- CreditSights — know.creditsights.com/insights/european-liability-management-2025-year…
- AFME — afme.eu/publications/data-research/european-high-yield-leveraged-loan-…
- Retail Insider — retail-insider.com/retail-insider/2026/03/hudsons-bay-collapse-one-yea…
- Bloomberg Law — news.bloomberglaw.com/bankruptcy-law/china-vanke-faces-next-test-as-de…
16. Trends and outlook
- Ropes & Gray — ropesgray.com/en/insights/alerts/2026/03/secondaries-q1-2026-update
- Bloomberg Government — news.bgov.com/bankruptcy-law/modest-default-rate-masks-shaky-credit-fo…
17. Tracking the industry
18. Signposts and calendar
- Federal Reserve FOMC calendar — federalreserve.gov/monetarypolicy/fomccalendars.htm
- Global Restructuring Review — globalrestructuringreview.com/article/thames-water-seeks-senior-credit…