Fixed + Floating - The Credit Podcast
Covenant quality is weakening at a measurable rate, and software credits are where it is going to matter most. Full analysis: https://open.substack.com/pub/fixedfloating/p/why-software-credits-are-lme-catnip?r=718tew&utm_campaign=post&utm_medium=web Josef Pschorn speaks with Sabrina Fox of Fox Legal Training [https://www.foxlegaltraining.com/] about the systematic erosion of lender protections in leveraged finance documentation and why software credits sit at the intersection of weak covenants and uniquely portable assets. Key takeaways: * LBO covenant quality deteriorated from 3.33 in 2023 to 3.53 in Q1 2026, compounding on a base that had been weakening since the early 2010s — 2024 saw a record 34 LME transactions * Software IP can be transferred to unrestricted subsidiaries, valued at board discretion without independent appraisal, and licensed back the same day — making drop-downs a low-friction exercise that standard covenant packages were never designed to prevent * Xerox circumvented its own J.Crew blocker by structuring a joint venture instead of a subsidiary, exploiting the definition of "subsidiary" as >50% voting power — a maneuver ION Platform lenders should be watching closely * Two pending court cases on creditor co-ops could determine whether lenders retain their primary collective defence mechanism against LMEs in 2026 Sabrina Fox: sabrina@foxlegaltraining.com Fox Legal Training: https://foxlegaltraining.com [https://foxlegaltraining.com] | LinkedIn: https://linkedin.com/in/sabrinafox [https://linkedin.com/in/sabrinafox] Connect with Fixed + Floating: LinkedIn https://www.linkedin.com/company/fixed-floating [https://www.linkedin.com/company/fixed-floating] | X https://twitter.com/FixedFloating [https://twitter.com/FixedFloating] Disclaimer: Fixed + Floating is for informational purposes only. Not investment, legal, or tax advice. Recorded: 17.04.2026 #CreditAnalysis #FixedIncome #CorporateCredit #LiabilityManagement #SoftwareCredit #CovenantAnalysis #LeveragedFinance #DropDown #JCrewBlocker #IONPlatform #Xerox #DistressedDebt
15 episodes
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