participation, not assignment
Nevertheless, JPMorgan agreed to sell the loan to Inbursa on July 15, 2009, court documents show. It did not inform Cablevision and went ahead with the deal despite the fact that Grupo Televisa and other banks were interested in purchasing part of the loan.
When it sold the loan to Inbursa, JPMorgan structured it as a participation agreement rather than an assignment; such agreements can be sold without the borrower's consent. Still, the terms of the original Cablevision loan stated that participations could be sold only if the lending relationship between JPMorgan and Cablevision did not change significantly. Cablevision argued that the transaction with Inbursa did just that.
Cablevision learned that the sale to Inbursa required JPMorgan to hand over virtually any information Inbursa wanted about Cablevision. Court documents show that this language was added to the agreement at Inbursa's request.
Business
With Friends Like This ...
By GRETCHEN MORGENSON
Published: July 31, 2010
A case involving JPMorgan is another example of the drumbeat of disconcerting revelations about banks.