6-Hour Program

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Overview

Why you should attend

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 cover issues in structured finance, and sales of distressed assets in diverse industries. The faculty will provide tactics to be utilized to better protect creditors, including banks, bondholders, hedge funds, and many parties in interest, and to maximize values and recoveries.

What you will learn

  • Current marketplace developments; The Role of Financial Advisors in Restructurings; "Unfinished Business" in Professional Firm Bankruptcies
  • Potential impact of the Stern v. Marshall, Bellingham and Wellness Int'l cases on restructurings
  • Understanding and drafting relevant documentation in distressed and other corporate deals and loan transactions, exchange offers and workouts
  • Corporate governance and D&O liability issues in or near the zone of insolvency; Deepening Insolvency
  • Enforcement of rights under financial products, including swaps, derivatives, and repurchase agreements - Lehman, Dante, Metavante; Swedbank; SemCrude
  • Structured and complex finance - current issues, including on interest, Make Whole premiums and ramifications of General Growth, Extended Stay, Lehman, Momentive Performance
  • Intercreditor agreements, subordination, voting and distribution issues - Stuy Town, Euro Directories, Westpoint Stevens, Ion Media; Boston Generating; Momentive Performance
  • Negotiating restructuring agreements and exchange offers; important due diligence and relevant Bankruptcy Code and case analysis; lockups; valuations
  • Sales of distressed assets, bid procedures, “free and clear,” successor liability, credit bidding, “loan to own,” confidentiality; GM; Clear Channel and progeny; River Road; Innkeepers; Fisker
  • Negotiating, drafting, and litigating over pre-managed but not prepackaged Chapter 11 plans and disclosure statements; valuations

Who should attend

This program is designed for inside and outside counsel, turnaround and Chapter 11 professionals and business people with at least some experience with defaults, structured finance, distressed debt, restructurings and workouts, mainstream Chapter 11 cases and affected transactions and litigation. It will include current cases, practice and strategies. Experienced lawyers will benefit greatly.

Credit Details