The rise of Liability Management Exercises (LMEs) has fundamentally changed credit analysis. Performing credit teams must now embed legal and workout specialists in the *front-end* underwriting process. This proactive approach is essential for assessing documentation and potential bad actors before an investment is made, rather than reacting during a restructuring.
Out-of-court restructurings, or LMEs, introduce uncertainty into a company's capital structure. This forces the market to apply an additional 10-20 point discount to the trading price of the company's loans, creating a significant alpha-generating opportunity for specialized investors who can accurately underwrite the LME process.
Identifying flawed investments, especially in opaque markets like private credit, is rarely about one decisive discovery. It involves assembling a 'mosaic' from many small pieces of information and red flags. This gradual build-up of evidence is what allows for an early, profitable exit before negatives become obvious to all.
Private credit allows investors to act like chefs—deeply involved from ingredient sourcing (diligence) to final creation (structuring). Liquid market investors are like food critics, limited to analyzing the finished product with restricted access to information, which increases risk.
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.
LMEs became popular because issuers could exploit out-of-court processes to their advantage, often by playing creditors against each other. As creditors have become more collaborative, this advantage has diminished, making LMEs less beneficial for issuers and likely capping their future frequency. Vanguard treats all LMEs as defaults.
Recent "canary in the coal mine" cases like First Brands, often blamed on private markets, were not PE-owned and were primarily financed in liquid markets. In fact, it was private credit firms pushing for deeper diligence that exposed the issues, strengthening the argument that private credit offers a safer way to access the asset class.
Aegon's Global Head of Leverage Finance, Jim Schaefer, shares a critical heuristic: once a leveraged loan's price falls below the 80-cent mark, it has a high probability of entering a formal restructuring. This price level acts as a key warning indicator for investors, signaling imminent and severe distress.
Despite headlines blaming private credit for failures like First Brands, the vast majority (over 95%) of the exposure lies with banks and in the liquid credit markets. This narrative overlooks the structural advantages and deeper diligence inherent in private deals.
Liability Management Exercises (LMEs) that extended debt maturities a few years ago are proving to be temporary fixes, not cures. Many of these same companies are returning for "LME 2.0" because fundamental business issues—like weak consumer demand or high input costs—were never resolved, making the initial "kick the can" strategy ineffective.
A credit investor's true edge lies not in understanding a company's operations, but in mastering the right-hand side of the balance sheet. This includes legal structures, credit agreements, and bankruptcy processes. Private equity investors, who are owners, will always have superior knowledge of the business itself (the left-hand side).