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Effective risk prevention practice, the impact of COVID-19, potential fraud and cross border issues require businesses to preplan and limit risk, including with distressed companies. This program will cover current issues relating to structuring, drafting and enforcing the rights of creditors and parties to loans, and various executory contracts, principally in out-of-court restructurings and exchange offers. Documentation leading to a prearranged or prepackaged Chapter 11 bankruptcy filing will be explored, as will 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 parties in interest, and to maximize values and recoveries.
What You Will Learn
• Current marketplace developments and recent case developments 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 liability and damage issues; D&O Insurance
• Current issues in structured and complex finance, including on bankruptcy remote entities and make whole premiums
• Negotiating restructuring agreements and exchange offers; lockups; valuations
Program Level: Update
Intended Audience: This program is designed for a wide range of restructuring, bankruptcy, reorganization and other transactional practitioners, litigators, in-house counsel and financial advisers who are involved in restructurings and insolvency cases.
Prerequisites: A background in restructurings and insolvency cases, and a basic knowledge of defaults, the Bankruptcy Code, rules and procedures.
Advanced Preparation: None