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CAM exchange provisions are included in certain loan agreements to protect lenders and investors who lend in multiple currencies and different legal jurisdictions by equalizing the recovery for creditors when a borrower files for bankruptcy. When the CAM exchange provision is activated on a bankruptcy filing, the amount recovered for comparable debt holders (such as senior debt holders) is allocated equally to all comparable debt holders.
This equalization is typically accomplished by:
Non-US dollar denominated loans being converted to US dollar denominated loans.
Comparable debt holders exchanging their original loans (either by an automatic deemed exchange of interests or by purchasing participations) for a proportionate interest in all of the pooled debt.
CAM exchange provisions are typically found in loan agreements with foreign lenders, multiple loan tranches, and collateral and guarantee arrangements that vary between loan tranches.
CAM exchange provisions are similar to intercreditor arrangements. However, because creditors are equalized at bankruptcy, there is less need for litigation between holders of various loan tranches who may otherwise have tried to increase their recovery if there were no CAM exchange provisions. While CAM exchange provisions equalize recoveries for comparable creditors, they do not increase the amount of money recovered from the borrower.
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