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Recent Developments in Distressed Debt, Restructurings and Workouts 2013

 January 25, 2013


CLE - Live Seminar
USA



Description


The unprecedented scope and continuation of the credit crisis, recession, and a weak recovery requires business people and professionals to react quickly and deal with distressed companies and defaults.  This includes problems in the automotive, financial services, airlines, 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.

  • Current marketplace developments
  • Potential impact of Stern v. Marshall 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
  • 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, Texas Rangers; Clear Channel and progeny; River Road; Innkeepers
  • Negotiating, drafting, and litigating over pre-managed but not prepackaged Chapter 11 plans and disclosure statements


Organized by


Practising Law Institute
810 Seventh Avenue
New York, New York
United States of America

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