6-Hour Program

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Overview

Why you should attend

The unprecedented scope and continuation of the credit crisis, recession, and weak recovery requires business people and professionals to react quickly and deal with distressed companies and defaults.  This includes problems in the financial services, automotive, airlines, manufacturing, retail, sports and entertainment and real estate industries.  The program will cover current issues relating to structuring, drafting and enforcing the rights of creditors, and parties to intercreditor agreements and executory contracts, 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 program 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
  • Impact of Supreme Court cases Stern v. Marshall and Bellingham on restructurings
  • Understanding relevant documentation in exchange offers, workouts and restructurings
  • Corporate governance and D&O issues in or near the zone of 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 ramifications of General Growth, Extended Stay, and Lehman
  • Intercreditor agreements and subordination - Stuy Town, Euro Directories, Westpoint Stevens, Ion Media; Boston Generating
  • Make Whole Premiums - School Specialty; American Airlines
  • Negotiating restructuring agreements and exchange offers; important due diligence and relevant Bankruptcy Code and case analysis; Lockups
  • Sales of distressed assets, bid procedures, “free and clear,” credit bidding, “loan to own,” confidentiality; GM; Clear Channel and progeny; River Road; Innkeepers
  • Negotiating, drafting, and litigating over pre-managed but not prepackaged Chapter 11 plans and disclosure statements

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 related transactions and litigation.  It will include current cases and practice, drafting for success and strategies.

Credit Details