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A. Default and Enforcement B. Bankruptcy C. How the Uniform Commercial Code Affects Your Business: Applying Articles 1, 8 and 9 to Non-Financing Transactions

Transcripts  Transcripts    

Recorded on: Jan. 16, 2014

KENNETH CHIN: Welcome back. So for this segment of the presentation, I want to introduce the next two speakers. One is Ken Carl, who is a partner at Sheppard Mullin. And he will talk about enforcing security interest under Article 9. After you've figured out-- you're perfected in everything, now the borrower doesn't pay. Then what? And immediately following him will be Kristen Campana, who is a partner at Bracewell Giuliani. And she's going to tell ...

A. Default and Enforcement B. Bankruptcy C. How the Uniform Commercial Code Affects Your Business: Applying Articles 1, 8 and 9 to Non-Financing Transactions

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Recorded on: Jan. 16, 2014

Taken from the Web Program Secured Transactions 2014: What Lawyers Need to Know About UCC Article 9 Recorded January, 2014 in New YorkA. Default and Enforcement B. Bankruptcy C. How the Uniform Commercial Code Affects Your Business: Applying Articles 1, 8 and 9 to Non-Financing Transactions [01:41:04] A. Default and Enforcement Planning an exit strategy Has there been a default? Collecting deposit accounts Repossession and landlord waivers ...

Bankruptcy & Reorganizations 2014: Current Developments

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From the program: Bankruptcy & Reorganizations 2014: Current Developments

Released on: May. 12, 2014

The credit markets continue to be volatile and in today’s weak economy, staying abreast of the current developments in restructuring, bankruptcy and reorganizations is essential. This advanced conference assembles a remarkable faculty of bankruptcy judges and leading practitioners who will provide you with a thorough analysis of hot topics and recent decisions and how to strategically respond to them. They will cover the cases after the Supreme Court's ...

Acquisition Finance Update

Transcripts  Transcripts    

Recorded on: May. 14, 2014

PATRICK J. RYAN: Welcome back, everyone. We're going to move on to our next panel, which is our acquisition finance update. And I'll just spend a minute introducing our panelists. Immediately to David's left is Byung Choi, who is a partner at Ropes & Gray and is co-head of the firm's Finance practice group. To Byung's left is Ann Makich, who is partner at Cahill Gordon and a member of their corporate group, obviously. And finally, at the end, ...

Acquisition Finance Update

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Recorded on: May. 14, 2014

Taken from the Web Program Leveraged Financing 2014 Recorded May, 2014 in New YorkAcquisition Finance Update [01:16:57] 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(s) from the Course Handbook available online: Representing Borrowers: “Boilerplate” Mechanics (Spring 2014)Angela ...

Asset Based Financing Foundations

Transcripts  Transcripts    

Recorded on: Mar. 4, 2014

DANIELLE COHEN: It's my pleasure to introduce to you the chair of today's program, Edwin Smith. Ed is a partner in the New York City and Boston offices of Bingham McCutchen, where he concentrates his practice in general commercial and insolvency law. In addition, he is a member of the teaching faculty at the Morin Center for Banking Law Studies at Boston University Law School, where he has taught secure transactions and teaches transnational lending ...

Asset Based Financing Strategies 2014

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From the program: Asset Based Financing Strategies 2014

Released on: Mar. 14, 2014

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 use their own assets to generate cash flow.In structuring these loans, lenders and their counsel must consider all senior interests in the collateral, as well as the practical difficulties in obtaining ...

Bankruptcy

Transcripts  Transcripts    

Recorded on: Mar. 4, 2014

EDWIN E. SMITH: We're back. We've just talked about intercreditor agreements, and enforcement of remedies under Article 9. But, of course, we all know that the ultimate test of a security interest in an asset-based loan is in bankruptcy. So we're going to be talking about what happens when the debtor files for bankruptcy. And just to give you a glimpse of what we're going to talk about, it's going to be the automatic stay, adequate protection, use ...

Bankruptcy, Restructurings and Workouts

Transcripts  Transcripts    

Recorded on: Nov. 24, 2014

ELLIOT L. HURWITZ: OK, welcome back, everyone. This is the 3:30 segment on bankruptcy and restructuring, which will conclude at 5:00 PM. And we have a great group here. I want to introduce our panelists. First, on my right is Jackie Marcus from Weil, Gotshal & Manges. She's my former law partner. Jackie concentrates her practice in business reorganization, securitizations, and secure transaction. Since joining the firm in '82, she has represented ...

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 Issues in Licensing

Transcripts  Transcripts    

Recorded on: Dec. 11, 2013

SPEAKER: OK. Welcome back. It's my pleasure to introduce Lillian Stenfeldt. She is our speaker on IP issues in bankruptcy. Lillian is a partner and chair of the Bankruptcy Department at Sedgwick LLP. Here in San Francisco? LILLIAN STENFELDT: Yes. SPEAKER: She's worked on intellectual property bankruptcy issues for more than 25 years, representing international technology and other clients on various aspects of licensing and bankruptcy law. Among ...

Commercial Real Estate Financing 2014

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From the program: Commercial Real Estate Financing 2014

Released on: Feb. 28, 2014

This seminar will explore commercial real estate financing issues in a market that continues to improve - in some cases very dramatically. We will focus on the use of multiple lenders and creative deal structures. We have also seen nontraditional lenders such as hedge funds enter the market, providing equity-flavored (and priced) financing through joint venture vehicles, which will be a focus of this year’s seminar. We will again look at CMBS 2.0 ...

Recent Developments in Distressed Debt, Restructurings and Workouts 2014

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From the program: Recent Developments in Distressed Debt, Restructurings and Workouts 2014

Released on: Feb. 7, 2014

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 ...

Drafting and Negotiating Corporate Agreements 2014 -- Specialty Agreements: A. Equity Agreements B. Credit/Indenture Agreements

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From the program: Drafting and Negotiating Corporate Agreements 2014

Recorded on: Jan. 15, 2014

Taken from the Web Program Drafting and Negotiating Corporate Agreements 2014 recorded January, 2014 in New York.Lecture Topics  [01:58:36]Specialty Agreements: A. Equity Agreements B. Credit/Indenture Agreements  [01:58:36] A. Equity Agreements Shareholder agreements and other equity arrangements Minority rights Transfer provisions B. Credit/Indenture Agreements Incurrence and maintenance covenants Financial definitions ...

Equipment Financing

Transcripts  Transcripts    

Recorded on: Mar. 4, 2014

CHRISTINE GOULD HAMM: OK, thank you. Well, I don't know about you guys, but all of that inventory and accounts receivable stuff sounds really hard to me. So we get to move onto what I think is easier and a bit more fun-- equipment financing. I'm a finance lawyer. I work for an equipment finance business, so this is what I do all day, so I enjoy it and that's why it's important to me. But the question is, why is it important to you? There are lots ...

Essentials of Maritime Law

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Recorded on: Jan. 8, 2014

Taken from the briefing Essentials of Maritime Law recorded January, 2014.90% of the world’s goods are carried in ships.  Accordingly, maritime commerce affects nearly every product bought or sold in the United States.  As the shipping industry has modernized, in addition to traditional bank finance, shipping companies have gained access to the public markets in the United States, and many shipping companies are now publicly listed ...

Ethics in Asset Based Lending

Transcripts  Transcripts    

Recorded on: Mar. 4, 2014

EDWIN SMITH: Transactions-- and someone said, well that's a contradiction in terms. You can't use that. So by using ethical issues and what Christine and I are going to do are, we're going to go through a bunch of little problems that come up all the time in practice. And we'll try to work our way through these problems. In some cases, there will be very clear answers, in other cases there will be judgment issues. And we'll try to give you a few good ...

Evaluating the Financial Health of an Entity

Transcripts  Transcripts    

Recorded on: Oct. 16, 2014

JIM AGAR: Good morning, everybody. Hope that you had a nice evening last night and a good night of sleep. For those of you who did not join us yesterday or at the beginning of the day, my name is Jim Agar. I'm a director with PricewaterhouseCoopers forensic practice. I'm one of the co-chairs of the Pocket MBA this year. You'll meet my co-chairs [INAUDIBLE], also a director at PwC Forensic, and our counterpart at KPMG, Dana McFerran, our third co-chair. ...

Evaluating the Financial Health of an Entity

Transcripts  Transcripts    

Recorded on: May. 7, 2014

SPEAKER 1: Chapter 11-- represents chapter 11 debtors, creditors, committees, trustees, secured creditors and general unsecured creditors in all aspects of corporate bankruptcy. He has in depth experience handling bankruptcy and restructuring matters related real estate, entertainment and manufacturing. Mr. Shemano frequently speaks for PLI-- and we're happy to have him back-- and the American Bankruptcy Institute conferences and to many other audiences ...

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. 7, 2014

Taken from the Web Program Pocket MBA Summer 2014: Finance for Lawyers and Other Professionals Recorded May, 2014 in San FranciscoEvaluating the Financial Health of an Entity [01:00:44] Analysis of indicators and causes of financial distress Solvency Liquidity Financing Bankruptcy An overview of the restructuring process and alternatives Out-of-court Chapter 11 reorganization Receivership Identifying the stakeholders Impact ...

Inventory Financing

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Recorded on: Mar. 4, 2014

R. MARSHALL GRODNER: Well, first, as an introduction to inventory, and Ed kind of mentioned it, it's important to distinguish between these two types of goods-- equipment and inventory. I don't know how many of y'all, when you were in college, were either a bartender or a waiter? I was. I had more cash my pocket then than I ever have now, especially after kids. But remember, we always had to take inventory, once a month, once a week, or whatever, ...

IP Issues in Business Transactions 2014 -- Licensing and Bankruptcy Issues in IP Transactions

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From the program: IP Issues in Business Transactions 2014

Recorded on: Mar. 3, 2014

Taken from the Web Program IP Issues in Business Transactions 2014 recorded February, 2014 in San Francisco.Lecture Topics  [01:00:40]Licensing and Bankruptcy Issues in IP Transactions  [01:00:40] How might a licensee preserve its rights following a licensor's bankruptcy filing? Implementing structural solutions (such as assignments and licenses back) or source code escrows in the context of a licensor bankruptcy Ability of an IP ...

Negotiating Real Estate Deals 2014

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From the program: Negotiating Real Estate Deals 2014

Released on: Jun. 17, 2014

Real estate has become a favored asset class once again. Offshore investors are becoming more active in acquiring real estate, particularly as joint venture partners. All of this is having an impact on the structuring of transactions, availability of financing, availability of equity capital, bankruptcy remote structures, the role of the bankruptcy process, joint venture considerations, work-out pitfalls, carve-out guaranties and unanticipated judicial ...

Priority and Enforcement

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Recorded on: Mar. 4, 2014

EDWIN SMITH: OK, well good afternoon everyone. We're back. Here on my left with Joanne De Silva, one of my partners at Bingham. And Joanne is going to tell us about the intercreditor agreements. Now we're doing this in the context of an asset-based lending. So Joanne, why do we care about intercreditor agreements and asset-based lending? JOANNE DE SILVA: Essentially, the intercreditor agreement provides for relative lien priorities between two different ...

Featured Faculty/Authors
Kevin J. Ryan

Kevin J. Ryan ~ Managing Director, Global Capital Markets, Morgan Stanley

David G. Keyko

David G. Keyko ~ Pillsbury Winthrop Shaw Pittman LLP

Alyssa A. Grikscheit

Alyssa A. Grikscheit ~ Sidley Austin LLP