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Abbreviated Debt Tender Offers and Other Liability Management Developments

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Recorded on: Jun. 24, 2015

Taken from the briefing Abbreviated Debt Tender Offers and Other Liability Management Developments recorded June, 2015 in New York. A recently issued SEC no-action letter provides for an abbreviated approach to tender offers and exchange offers involving non-convertible debt securities provided certain conditions are met. The new guidance may offer increased flexibility to issuers that are considering restructuring their liabilities. Issuers ...

Acquiring Assets from the Debtor Estate, Corporate Governance and D&O Duties and Liability

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Recorded on: Apr. 30, 2015

Taken from the Web Program Bankruptcy & Reorganizations 2015: Current Developments recorded April, 2015 in New York. Acquiring Assets from the Debtor Estate, Corporate Governance and D&O Duties and Liability [01:00:10] Process, procedures and litigation—scope and extent of break-up and topping fees Structuring and negotiating bids—Los Angeles Dodgers; Texas Rangers, and small and medium cases Assignments of ...

Acquisition Finance Update

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Recorded on: May. 7, 2015

Taken from the Web Program Leveraged Financing 2015 recorded May, 2015 in New York. Acquisition Finance Update [01:14:44] Recent trends U.S. versus UK style acquisition finance conditionality Financing follow-on acquisitions Existing debt compliance considerations The purchase price of this segment includes the following article from the Course Handbook available online: Covenant Convergence in the Leveraged ...

Bankruptcy, Restructurings and Workouts

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Recorded on: Nov. 24, 2014

Taken from the Web Program 16th Annual Commercial Real Estate Institute recorded November, 2014 in New York. Bankruptcy, Restructurings and Workouts [01:30:54] How the client’s goals determine appropriate strategy Pre-workout agreements, forbearance agreements Common deal terms in mortgage loan workouts Deeds in lieu: fraudulent transfer issues Cash flow mortgages; expedited sales of collateral Changes ...

Bankruptcy

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Recorded on: Mar. 2, 2015

Taken from the Web Program Asset Based Financing Strategies 2015 recorded February, 2015 in New York. Bankruptcy [00:59:41] Chapter 7 vs. Chapter 11 Automatic stay Adequate protection Financing the debtor - do secured creditors exert too much control over the process? Bankruptcy trustee’s avoiding powers - key concerns to asset-based lenders? Issues for asset-based lenders in Chapter 11 plans June ...

Bankruptcy Issues in Licensing

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Recorded on: Dec. 10, 2014

Taken from the Web Program Understanding the Intellectual Property License 2014 recorded December, 2014 in San Francisco. Bankruptcy Issues in Licensing [01:03:05] Treatment of IP and IP licenses under bankruptcy law Consequences of your licensor, or licensee, going bankrupt Structuring IP transactions to take into account bankruptcy risk Negotiating tips to address the bankruptcy contingency Preserving IP rights ...

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

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 ...

Evaluating the Financial Health of an Entity

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Recorded on: Oct. 16, 2014

Taken from the Web Program Pocket MBA Fall 2014: Finance for Lawyers and Other Professionals recorded October, 2014 in New York. Evaluating the Financial Health of an Entity [01:15:30] Analyze the indicators and causes of financial distress - Solvency - Liquidity - Financing - Bankruptcy Evaluate the restructuring process and alternatives - Out-of-court - Chapter 11 reorganization - Assignments ...

Evaluating the Financial Health of an Entity

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Recorded on: May. 11, 2015

Taken from the Web Program Pocket MBA Summer 2015:Finance for Lawyers and Other Professionals recorded May, 2015 in San Francisco. Evaluating the Financial Health of an Entity [01:15:15] (Skills credit for NY attorneys) Analyze the indicators and causes of financial distress - Solvency - Liquidity - Financing - Bankruptcy Evaluate the restructuring process and alternatives - Out-of-court - Chapter 11 ...

Hot Potatoes! Update on Handling Underfunded ERISA Pensions

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Recorded on: Dec. 16, 2014

Taken from the briefing Hot Potatoes! Update on Handling Underfunded ERISA Pensions recorded December, 2014 in New York. For many employers, ERISA pension underfunding can be hard to live with: Congress recently gave plan sponsors a cash flow break by relaxing the rules on required funding contributions -- but those interest-bearing liabilities are still there, grinding away. Meanwhile, the federal pension guarantor, PBGC, often takes a keen interest ...

Industry Issues Continued; Pre-negotiated Chapter 11 Plans

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Recorded on: Feb. 2, 2015

Taken from the Web Program Recent Developments in Distressed Debt, Restructurings and Workouts 2015 recorded January, 2015 in New York. Industry Issues Continued; Pre-negotiated Chapter 11 Plans [00:59:36] Cross-affiliate Setoff and Netting Proper documentation and contractual language Application of the automatic stay and exceptions for financial contracts—SemCrude, Metavante (Lehman), Swedbank, and SIPA v. ...

Licensing and Bankruptcy Issues in IP Transactions

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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 ...

Maritime Liens and Bankruptcy

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Recorded on: Jul. 15, 2015

Taken from the Web Program Maritime Liens and Bankruptcy recorded July, 2015 in New York. The world of maritime liens and maritime bankruptcies is like no other, with rules of perfection, priority, and enforcement of rights that are significantly different from the “shoreside” world. A failure to appreciate the differences can lead to confusion and expensive misunderstandings. Maritime liens are traditional rights in vessels and ...

Specialty Agreements

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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 Minority ...

Workouts and Debt Restructuring

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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 ...

Featured Faculty/Authors
Clifford E. Kirsch

Clifford E. Kirsch ~ Sutherland Asbill & Brennan LLP

Tanya E. M. Wong

Tanya E. M. Wong ~ Director of Government Benefits, Legal Services NYC - Legal Support Unit

Kenneth N. Nigon

Kenneth N. Nigon ~ RatnerPrestia