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It should be emphasized that any bank or investment banking firm that is evaluating whether to provide financing to a hostile acquirer always reviews a target company's preferred stock provisions, bond indentures, and loan agreements to determine if there are any serious impediments to the acquisition.
The brief report 'Limited Debt Covenant Protection for Motorola Bondholders in LBO' provides a detailed LBO scenario as well as additional analysis on Motorola's bond indentures.
Given actions that some other companies across the corporate space have taken recently to subvert certain protections in order to execute leveraging transactions, Fitch is generally skeptical regarding the potential effectiveness of some covenants in corporate bond indentures.
Cablevision indicates that the delivery of the financial information will cure non compliance with financial information covenant contained within CSC's credit facility and bond indentures.
If Mosaic could not satisfy any of the options outlined in the 2008 Senior Notes Refinancing Condition and its lenders would not grant a waiver, Mosaic would be in default under its credit agreement and cross-acceleration and cross-default provisions in certain bond indentures may apply.