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Noetica empowers transactional attorneys with term-level analytics—understand how your terms compare to the entire market.
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Noetica empowers capital markets and M&A attorneys to analyze complex transactions.
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Market Insights
May 2025

Default now or forever hold your peace

What a speeding ticket taught me about temporal limits on defaults—and how 16% of credit docs are prepared for re-litigation season.
Dan Wertman
Dan Wertman

True story: the other day I got a speeding ticket in the mail for going 31 MPH on a 25 MPH street, but here’s the craziest part:

I was driving on that street months ago and am only now getting the ticket...

It got me thinking: how far after a “transgression” is it OK to penalize a driver?🚦

"Temporal Limits on Default" in credit deals protect against exactly this risk for issuers—and our Q1 '25 data shows something remarkable:

  • These terms appear in 16% of credit deals in Q4 '24.
  • This is the highest level we've ever tracked.

Why does this matter? Without temporal limits, lenders can declare a default based on a minor breach that:

  1. Occurred years ago
  2. Was disclosed in reporting, and (3) they did nothing about at the time.

Most telling? This surge signals issuers preparing for stormy weather. Think of it as cheap insurance today that could pay big tomorrow—especially if refinancing debt, executing a liability management transaction, or fending off lenders trying to muscle their way to the front of the payment line when things get tight.

The message is clear: no one wants to get tickets in the mail for speeding three-years ago.

Download Noetica's complete for more.

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Bloomberg
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October 2025

AI Scours 1 Billion Deal Terms to Show Lenders' Default Defenses

Bloomberg exclusively featured Noetica's Q3 capital markets data in their latest market intelligence.
News
November 2025

Private credit is shifting to larger cap deals

CNBC featured Noetica’s Q3 analytics, highlighting how clauses inside credit agreements are signaling investor sentiment and reshaping how markets assess risk.
The Wall Street Journal
News
October 2025

A Private-Credit Winter Is Coming

The Wall Street Journal published Noetica's insights on how shifts inside credit agreements are signaling deeper cracks in the market.
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The Wall Street Journal
News
October 2025

A Private-Credit Winter Is Coming

The Wall Street Journal published Noetica's insights on how shifts inside credit agreements are signaling deeper cracks in the market.
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