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Email The recent decision by the United States District Court for the Southern District of New York in Citibank, N.A. v. Norske Skogindustrier ASA could be an important consideration for future drafting and interpretation of debt agreements. While the Court’s decision is in the context of a preliminary injunction motion, the opinion provides useful guidance for parties potentially undertaking a refinancing exchange offer, and for parties who may seek to challenge such an exchange. Given the increasing need for companies in distressed industries to exchange debt and extend maturities, parties facing a potential debt exchange should consider the Norske Skog court’s indenture analysis. https://www.cadwalader.com/resources/clients-friends-memos/the-southern-district-of-new-yorks-norske-skog-decision-what-constitutes-a-refinancing-may-be-in-the-eye-of-the-beholder