DIP Financing: Structuring Roll-Overs, Cross-Collateralization, Priming Liens, Junior DIP Financing and More
Drafting Provisions That Often Involve Contentious Negotiations and Judicial Scrutiny
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss challenging issues in debtor in possession (DIP) financing that are most often the subject of contentious negotiations between DIP lenders and other secured creditors, as well as to intense scrutiny by bankruptcy judges. The program will look at roll-overs, cross-collateralization, priming liens, super-priority claims on avoidance actions, lien waivers, and junior DIP financing. The panel will discuss current case law as well as practicing tips for counsel that represent DIP lenders, other secured lenders and debtors.
- Rollover of pre-petition secured debt
- Priming liens
- Liens or super-priority claims on avoidance actions
- Releases and waivers of challenges to liens and other future borrowings
- Section 506(c) waivers
- Junior DIP financing
- “Carve-out” for professional fees
- ABI Commission recommendations for reforms impacting DIP financing
The panel will review these and other key issues:
- What must counsel consider in evaluating defensive vs. offensive DIP lenders?
- How does the debtor seeking a priming lien convince the existing lender to consent or alternatively convince the court that the existing lender’s lien is adequately protected?
- How do bankruptcy courts treat releases of pre-petition secured lenders?
- What are the ABI Commission’s recommendations for DIP financing reforms and how do the recommendations address junior DIP financing?
Eric W. Anderson
Parker Hudson Rainer & Dobbs
Mr. Anderson concentrates his practice in bankruptcy, workouts, financial restructuring and commercial finance. He... | Read More
Mr. Anderson concentrates his practice in bankruptcy, workouts, financial restructuring and commercial finance. He regularly represents banks, financial institutions, secured asset-based lenders, investors, trustees, debtors-in-possession, and other parties in bankruptcy and financial restructuring matters. This includes representation in workouts and restructuring matters both in and out of bankruptcy.Close
Douglas J. Lipke
Mr. Lipke is Co-Chair of the firm’s Insolvency, Bankruptcy and Corporate Reorganization Group. He concentrates... | Read More
Mr. Lipke is Co-Chair of the firm’s Insolvency, Bankruptcy and Corporate Reorganization Group. He concentrates his practice in the area of workout, bankruptcy and corporate reorganization law. Mr. Lipke represents a full range of international clients, concentrating in the representation of secured lenders and creditor rights. He also represents debtors, trustees and creditors’ committees.Close
Steven B. Smith
Mr. Smith focuses his practice on complex corporate restructuring and creditors' rights, including in court Chapter... | Read More
Mr. Smith focuses his practice on complex corporate restructuring and creditors' rights, including in court Chapter 11 cases and out-of-court workouts. He represents official and ad-hoc creditor committees, secured lenders, administrative agents, and other parties-in-interest in restructuring matters. He is experienced in analysis of true sale, non-consolidation and bankruptcy remoteness principles.Close