That pushed the percent of Index loans with only incurrence test to a record 30%.

FORBES: February Analysis - US Leveraged Loan Market

Indeed, greenfield sponsored transactions that are now being formulated will continue the push for incurrence-based covenants, bankers say.

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"The company believes that the allegations contained in the complaint are without merit and intends to vigorously defend this action, " Realogy said in the filing, adding that it believes the incurrence of the new loans are allowed under the senior toggle note contract and credit agreements.

FORBES: Market Scan