Negotiating Intercreditor Agreements as Bankruptcy Filings Soar
Strategies for First and Second Lienholders in an Uncertain Enforcement Environment
Recording of a 90-minute CLE webinar with Q&A
This seminar will discuss the current gray areas surrounding the enforceability of intercreditor agreements in bankruptcy proceedings and offers best practices for negotiating an enforceable agreement.
- Current trends in second lien financing
- Recent (limited) case law on the enforceability of intercreditor agreements in bankruptcy proceedings
- Courts holding that an intercreditor agreement cannot waive a second lien lender’s fundamental bankruptcy rights
- Courts holding that an intercreditor agreement may waive statutory bankruptcy rights if enforceable as a matter of applicable state law
- Lessons learned from drafting and negotiating intercreditor agreements
The panel will review these and other key questions:
- How have courts ruled regarding the enforceability of intercreditor agreements during bankruptcy proceedings?
- What critical lessons have creditors' counsel learned in their experiences drafting and negotiating intercreditor agreements?
- What are the key provisions in intercreditor agreements — and how can each lender minimize risk through these provisions?
Mark N. Berman
Mr. Berman is a member of the firm's Financial Restructuring and Bankruptcy Practice Group, as well as the Global... | Read More
Mr. Berman is a member of the firm's Financial Restructuring and Bankruptcy Practice Group, as well as the Global Finance, Public Finance and Leveraged Groups. For over 30 years, he has represented virtually every kind of interest involved with a financially challenged business, and has experience spanning a variety of industries including retail, real estate, manufacturing, aviation and credit card processing.Close
C. Edward Dobbs
Parker Hudson Rainer & Dobbs
Mr. Dobbs' practice for more than 39 years has focused on documenting and... | Read More
Mr. Dobbs' practice for more than 39 years has focused on documenting and closing commercial loans for banks and other financial institutions; representing financial institutions in debt restructurings, workouts and forbearance arrangements; and defending financial institutions in litigation regarding fraudulent conveyances, preferences and lender liability claims.Close
Randall L. Klein
He chairs the firm's Bankruptcy and Creditors' Rights Group. He focuses on protection and enforcement of creditors'... | Read More
He chairs the firm's Bankruptcy and Creditors' Rights Group. He focuses on protection and enforcement of creditors' rights, representing institutional lenders and purchasers of distressed claims.Close
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