Distressed Vendors: Legal Implications for Business Partners
Assessing and Exercising Contractual Rights and UCC Remedies
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, May 20, 2009
Recorded event now available
This seminar will discuss pre-bankruptcy strategies for sellers and buyers of commercial goods when a vendor is in economic distress. The panel will review rights and remedies available under supply or purchase agreements and applicable UCC law and the potential impact of the Bankruptcy Code on workout agreements.
Description
Commercial suppliers and buyers face the increasing prospect of financially distressed vendors. As the economic crisis continues to deepen, the strain weighs heavily on the supply chains in many industries.
Sellers must proactively protect their interests before a buyers' default or bankruptcy by first assessing contractual rights and rights under the UCC. Next steps include renegotiating supply contracts, negotiating security agreements, and obtaining third-party credit support for better protection.
Buyers have similar challenges in restructuring purchase agreements with suppliers. Guaranties, performance bonds and credit insurance may protect against seller default. All default workouts must be structured to survive the avoidance and preferential transfer provisions of the bankruptcy code.
Listen as our panel of attorneys discusses best practices for buyers and sellers of commercial goods to protect their interests when dealing with a distressed vendor and the potential impact of the Bankruptcy Code on workout agreements reached with vendors.
Outline
- Protecting sellers facing a distressed buyer
- Early warning signs vendor is in distress
- Assessing contractual rights
- Available remedies under the UCC
- Best practices for pre-bankruptcy workouts
- Protecting buyers facing a distressed seller
- Early warning signs vendor is in distress
- Assessing contractual rights
- Available Remedies Under the UCC
- Best practices for pre-bankruptcy workouts
- Implications of bankruptcy code on vendor workouts
- Avoidance
- Preferential transfer
- Fraudulent conveyance
Benefits
The panel will review these and other key questions:
- What are some of the early warning signs that your vendor is in financial distress?
- What remedies are available under the UCC for sellers dealing with a distressed buyer?
- How can guaranties, performance bonds and credit insurance protect a buyer facing a distressed seller?
- What are best practices for drafting and amending purchase and sales agreements to avoid lawsuits for preferential payments or fraudulent transfers?
Faculty
Timothy W. Brink,
Partner
DLA Piper, Chicago
He focuses his practice on bankruptcy, restructuring, insolvency, and creditors’ rights matters. He regularly represents banks, insurance companies, investment funds and other financial institutions, trade creditors, landlords and other unsecured creditors, as well as debtors and liquidating trustees in all aspects of chapter 11 and chapter 7 cases in courts across the country.
Eric S. Prezant,
Partner
Bryan Cave, Chicago
He has experience representing a wide range of clients nationwide including secured lenders, trustees, debtors, creditors committees and unsecured creditors. He represents lenders in negotiating and restructuring troubled loans, and in the enforcement of lenders’ and creditors’ rights and remedies. His experience also includes representing clients in the purchase and sale of distressed companies.
Michael J. Viscount,
Partner
Fox Rothschild, Atlantic City, N.J.
He has extensive experience representing public and private businesses and creditors’ groups on corporate debt restructuring, workouts, bankruptcies and other complex commercial matters. From manufacturers, suppliers and service providers to public and private funding sources, he has a long record of developing creative solutions to meet the needs of financially distressed companies and creditors.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD $49.00
plus $9.45 S&H
Available ten business days after the live event
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
The speakers were tops in their industry.
Peter Danias
Kaye Scholer
There was a lot of information available on the slides, so it was easy to take notes and have a thorough take-away resource.
Harriet Bildsten
St. Jude Medical
The speakers were well versed and kept my attention throughout the program.
Natalie Kossak
Independent Fiduciary Services
I liked the practicality and thoroughness of the presentation and the handouts.
Barry Jasilli
CVS Caremark
The seminar provided good practical examples and advice plus good Q&A.
Don Weinbren
Trenam Kemker
Business Contracts and Franchise Advisory Board
Partner
Bowman and Brooke
Partner
Davis Wright Tremaine
Partner
Nixon Peabody
Partner
Epstein Becker Green
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.