6-Hour Program

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Overview

Why You Should Attend

Effective risk prevention practice, a volatile stock market, weak economic recovery from the recession and occasional fraud 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 inter-creditor agreements, principally in out-of-court restructurings, exchange offers and pre-managed Chapter 11 bankruptcy filings. It will cover issues in structured finance, sales of distressed assets in diverse industries, and valuation issues. 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
  • Potential impact of the Wellness Int’l, Stern v. Marshall, Bellingham and Jevic cases on restructurings
  • Understanding and drafting relevant documentation in distressed and other corporate deals and loan transactions, exchange offers and workouts; TIA issues and recent cases
  • Corporate governance and D&O liability issues in or near the zone of insolvency; Deepening insolvency; "Unfinished Business" in professional firm bankruptcies
  • 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 Momentive Performance, General Growth, Lehman
  • Inter-creditor agreements, subordination, voting and distribution issues — Momentive Performance, Euro Directories, Westpoint Stevens, Ion Media; Boston Generating; Negotiating restructuring agreements and exchange offers; important due diligence and relevant Bankruptcy Code and case analysis; lockups; valuations; TIA issues – Section 316b
  • 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; structured dismissals controversy

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, workouts, Chapter 11 cases and affected transactions and litigation. It will include current cases, practice and strategies.  Experienced lawyers and other restructuring professionals will benefit greatly.

Credit Details