Seeking Justice: Byju's Takes Legal Action Against 'Predatory' Lenders
Indian edtech giant Byju's has filed a complaint in the New York Supreme Court to challenge the acceleration of the $1.2 billion term loan B. Byju's accuses Redwood, a lender, of conducting predatory tactics and demands the disqualification of Redwood. Byju's claims that Redwood purchased a significant portfolio of the loan with the intention of making windfall gains, primarily trading in distressed debt. Byju's stated that it will not make any payments to the term loan B lenders until the dispute is resolved.
Byju's decision to take legal action follows the lenders' alleged unlawful acceleration of the loan term based on certain non-monetary and technical defaults. Byju's further alleges that the lenders, through their agent GLAS Trust Company, took unwarranted enforcement measures, including seizing control of Byju's Alpha and appointing their own management. The lenders also initiated litigation in Delaware, which Byju's claims is an attempt to lend credibility to their actions. Byju's asserts that the Delaware court rejected the lenders' attempt to deprive Byju's of its contractual right to disqualify lenders engaged primarily in opportunistic trades.
Byju's has issued a notice seeking the disqualification of the Redwood entities, which, if effective, would restrain Redwood from exercising critical rights under the term loan B. Byju's states that it had previously refrained from utilizing the disqualification clause, instead seeking an amicable resolution with Redwood. However, due to the lack of progress, Byju's believes it has no choice but to take legal action.
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