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17th Annual Real Estate Tax Forum -- Workouts and Debt Restructuring

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From the program: 17th Annual Real Estate Tax Forum

Recorded on: Feb. 10, 2015

Taken from the Web Program 17th Annual Real Estate Tax Forum recorded February, 2015 in New York. Workouts and Debt Restructuring [01:15:47] Forgiveness of indebtedness Acquiring debt at a discount Working with lenders – forbearance and other debt modifications Dealing with underwater properties Adam Handler, Robert D. Schachat, Bahar A. Schippel, James B. Sowell, Linda Z. Swartz The purchase price of this segment ...

Asset Based Financing Strategies 2015

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From the program: Asset Based Financing Strategies 2015

Released on: Mar. 13, 2015

Asset based financing is a key source of credit for small and medium-size companies and for some larger, publicly traded companies as well. In contrast to equity financing where ownership in the company is diluted, asset-based financing allows companies to borrow funds against their own assets as collateral to generate cash for working capital and capital acquisitions. In structuring these loans, lenders rely on their collateral as their ultimate ...

Bankruptcy

Transcripts  Transcripts    

Recorded on: Mar. 2, 2015

EDWIN SMITH: Now, let me introduce who we have here. On my far left is not Doug Taber. Doug Taber had a conflict, and Peter Montoni, who is executive council at General Electric Capital Corporation has agreed to jump in. Peter works in the same group as Doug and is very knowledgeable in this area. And then we also have June Basden of Carruthers and Roth with us. And June does a lot of work in this area as well. She's a member of the American College ...

Chapter 7 Debtor Intake and Consumer Bankruptcy Case Law Update

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Recorded on: Mar. 24, 2015

Taken from the Web Program Consumer Bankruptcy Cases 2015 recorded March, 2015 in New York. Chapter 7 Debtor Intake and Consumer Bankruptcy Case Law Update [01:13:31] Chapter 7 Debtor Intake General overview of the intake process Difficult issues to consider up front: taxes, loss mitigation, pre-petition transfers, exemptions Discharge and non-dischargeability: timing, litigating and settling Rachel S. Blumenfeld Gregory ...

Default, Enforcement and Bankruptcy; UCC Considerations in Non-Financing Transactions

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Recorded on: Jan. 15, 2015

KENNETH CHIN: Well, welcome back. For our next speaker, I'm going to introduce Ken Carl. Ken is a partner at Sheppard, Mullin, Richter, and Hampton. He represents lenders and borrowers in financing transactions, loan workouts, and bankruptcies. For the past 28 years, he has worked on financing transactions. And he also has extensive experience in bank regulatory matters and frequently advises clients on California's usury prohibitions and exemptions. Ken ...

Default, Enforcement and Bankruptcy; UCC Considerations in Non-Financing Transactions

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Recorded on: Jan. 15, 2015

Taken from the Web Program Secured Transactions 2015: What Lawyers Need to Know About UCC Article 9 recorded January, 2015 in New York. Default, Enforcement and Bankruptcy; UCC Considerations in Non-Financing Transactions [01:49:58] A. Default and Enforcement Planning an exit strategy Has there been a default? Collecting deposit accounts Repossession and landlord waivers Intellectual property collateral Judicial ...

Drafting and Negotiating Corporate Agreements 2015 -- Specialty Agreements

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From the program: Drafting and Negotiating Corporate Agreements 2015

Recorded on: Jan. 15, 2015

Taken from the Web Program Drafting and Negotiating Corporate Agreements 2015 recorded January, 2015 in New York. Specialty Agreements [02:02:09] (Skills credit for New York attorneys) A. Credit/Indenture Agreements Incurrence and maintenance covenants Financial definitions Typical, and not so typical, carveouts David J. Fisher B. Equity Agreements Shareholder agreements and other equity arrangements  ...

Equipment Financing

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Recorded on: Mar. 2, 2015

CHRISTINE GOULD HAMM: OK, thank you. We're going to switch gears a little bit here and talk about equipment finance, which from my perspective is so much easier than all that complicated accounts receivable and inventory financing. But I'm a little biased because I'm an equipment finance lawyer. The first caveat that although I I'm an in house counsel that does equipment finance, the views expressed in the materials and during this presentation are ...

Ethics in Asset Based Lending

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Recorded on: Mar. 2, 2015

EDWIN E. SMITH: Our faculty is getting settled. You've met Christine before. She gave this wonderful talk on equipment financing. We're also joined by Professor Peter Kostant. Peter teaches at Fordham and New York Law School and Brooklyn Law School. And I don't know how many other law schools he has taught at. But one of the areas in which Peter teaches is legal ethics. So we're going to go right into ethical issues in asset-based finance transactions. ...

Recent Developments in Distressed Debt, Restructurings and Workouts 2015

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From the program: Recent Developments in Distressed Debt, Restructurings and Workouts 2015

Released on: Feb. 13, 2015

Effective risk prevention practice, and the weak recovery from the recession require businesses to preplan and limit risk with distressed companies. The program will cover current issues relating to structuring, drafting and enforcing the rights of creditors and parties to loans, various executory contracts and intercreditor agreements, principally in out-of-court restructurings, exchange offers and pre-managed Chapter 11 bankruptcy filings. It will ...

Inventory Financing

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Recorded on: Mar. 2, 2015

R MARSHALL GRODNER: Well, as Ed said, I'm Marshall Grodner. And Ed's got some lofty credits to his name. Very loft. And he's awesome, and he's actually been one of my mentors in the law, as well. But I'm just a poor, dumb Louisiana boy. So bear with me please. Well anyway, let's first talk about-- Ed kind of mentioned it. I wanted to talk about the difference first, because I'm primarily going to concentrate on inventory financing here. The difference ...

IP Issues in Business Transactions 2015 -- Licensing and Bankruptcy Issues in IP Transactions

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From the program: IP Issues in Business Transactions 2015

Recorded on: Mar. 2, 2015

Taken from the Web Program IP Issues in Business Transactions 2015 recorded February, 2015 in San Francisco. Licensing and Bankruptcy Issues in IP Transactions [01:03:20] Preserving rights following a licensor’s bankruptcy filing Structural solutions, such as assignments and licenses back, or escrowsof source code and other materials in the context of a licensor bankruptcy Licensor termination or prevention of assumption ...

Licensing and Bankruptcy Issues in IP Transactions

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Recorded on: Mar. 2, 2015

KAREN BALLACK: Ready? OK. Great. Thank you and welcome back, everyone. Our last session this morning is on licensing and bankruptcy issues in IP transactions. And I'm very pleased to be able to introduce two of my colleagues, two partners of mine from our New York office, Weil's New York office. Debra Dandeneau and Jeff Osterman. Debra is a partner in our Business Finance and Restructuring department. Since joining the firm in 1986, she has concentrated ...

Priority and Enforcement

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Recorded on: Mar. 2, 2015

EDWIN E SMITH: OK, welcome back everybody. We're now going to spend the next hour talking a little bit about enforcement and mostly about intercreditor agreements. I have my partner, Joanne De Silva, here. She's had a lot of experience negotiating intercreditor agreements. It's been part of your daily life, I think. Let me just say a few words about enforcement. A lot of people have said over the years, well, enforcement is really irrelevant because ...

Receivables Financing

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Recorded on: Mar. 2, 2015

EDWIN E. SMITH: Welcome back, everyone. We've talked a little bit about the basics of asset based lending. We've talked about inventory financing. We're now going to move to receivables financing. Now something out there may be obvious to all of you. And that is that I am not Scott Lessne. Scott was unable to join us because of an unforeseen conflict. So I'm going to give the receivables financing presentation. And Marshall is going to comment as ...

Specialty Agreements

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Recorded on: Jan. 15, 2015

SPEAKER 1: Welcome back, everybody. We are going to mix it up a little bit for you this morning, and in PLI style here, we're going to do debt and then equity. Very exciting. Switching the order here. So it gives me great pleasure to introduce David Fisher. David is a partner at Kramer Levin where he has a broad practice in all aspects of secured and unsecured commercial finance. And he will lead us through the topic of credit agreements and indentures. ...

Workouts and Debt Restructuring

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Recorded on: Feb. 10, 2015

SANFORD C PRESANT: Ladies and gentlemen, time to start our last panel, which is our Workouts panel. We are adding to Bob Schachat, adding to Adam Handler up here, and of course, Blake, and Les, and I? And me? BLAKE D RUBIN: Me. SANFORD C PRESANT: Adding to me. Yes, adding to me. Our good friend, Jim Sowell. Jim is chairman of the Real Estate Committee of the ABA Tax Section, former vice chair of the Tax Policy Advisory Committee of the Real Estate ...

Featured Faculty/Authors
Jae  Kim

Jae Kim ~ Senior Vice President and General Counsel, Rambus Inc.

Lori A. Richards

Lori A. Richards ~ Chief Compliance Officer, Asset Management Unit, JP Morgan & Co

Edwin E. Smith

Edwin E. Smith ~ Morgan Lewis & Bockius LLP