07
May
By J. Bradley Boericke & Joan C. Arnold | Pepper Hamilton
Until recently, the structuring of debt facilities for U.S. borrowers with foreign subsidiaries has been largely driven by IRS interpretations of section 956 of the Internal Revenue Code, which gave rise to significant tax inefficiencies if foreign subsidiaries were to guarantee or provide other collateral support for the debt of a U.S. borrower. As a result of these rules, it has been generally accepted between borrowers and creditors in...