The prevalence of specific, quantifiable deal terms offers a unique window into the market's mood. Rising structural protections for lenders or increased flexibility for borrowers act as an early warning system, reflecting anxieties and optimism before they appear in traditional economic data.

A massive quarterly jump in "lien subordination" protections (to 84% of deals) signals a strategic shift among lenders. Instead of focusing on terms that prevent default, they are obsessed with securing their place in the payment line during bankruptcy, suggesting they view distress as increasingly likely.

Aggressive Liability Management Exercises (LMEs), common in the US, are rarer in Europe. This isn't due to a gentler culture but stricter laws where board directors can face criminal charges for insolvency. This incentivizes collaborative restructuring over contentious, US-style creditor battles.

When considering debt, the most critical due diligence is not on deal terms but on the lender's character. Investigate how they have treated portfolio companies during challenging times. Partnering with a lender who will "blow you up" at the first sign of trouble is a catastrophic risk.

In the cutthroat world of distressed debt, having a reputation as a frequent and fair "repeat player" is a key asset. Other creditors are more likely to collaborate and less likely to act opportunistically if they know they will encounter your firm again, leading to better resolutions.

Instead of being unenforceable concepts, guiding principles like fairness and loyalty become a formal part of the contract. During a disagreement, parties can explicitly reference these agreed-upon norms ('you agreed to be equitable'). This reframes the conflict, reminds partners of their commitments, and provides a shared language to resolve issues without litigation.

Companies are trapped by the dogma of creating 'bulletproof' contracts, a process driven by legal precedent and risk aversion ('nobody got fired for having the lawyers look at this'). This institutional inertia, codified in policies requiring standard terms, prevents the adoption of more flexible, relational contracts, which are often dismissed as 'fluffy' despite being 'radical common sense.'

A sign of eroding discipline, private credit underwriters are beginning to offer covenant-lite deals, once unthinkable in a market known for strong investor protections. This shift indicates that intense competition for deals is forcing lenders to lower underwriting standards, mirroring a late-cycle trend previously seen in public markets.

Lenders are demanding more structural protections (like "anti-pet smart terms") to lock down collateral, while borrowers are negotiating for more economic flexibility (like generous EBITDA add-backs) to weather potential storms. This "flight to fortification" on both sides signals deep-seated market uncertainty.