Recovery of Make-Whole Premiums in Bankruptcy After Momentive Performance and Energy Future Holdings
Navigating Varying Court Interpretations of Prepayment Premium Provisions; Guidance for Drafting Loan Documents and Indentures
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide bankruptcy and lender counsel with a review of the Momentive Performance (MPM Silicones) and Energy Future Holdings rulings, highlighting emerging theories regarding both enforceability of make-whole provisions in bankruptcy loan agreements and protection of entitlement to make-whole premiums.
- Differing approaches taken by bankruptcy courts in analyzing enforceability of these provisions
- Momentive Performance and Energy Future Holdings guidance on enforceability of make-whole provisions
- Best practices for lenders and bondholders to protect their entitlement to make-whole premiums
The panel will review these and other key issues:
- What factors do bankruptcy courts consider in analyzing the enforceability of make-whole provisions in loan agreements?
- What are best practices for counsel to lenders and bondholders to protect entitlement to make-whole premiums?
- What lessons can you take from the Momentive Performance and Energy Future Holdings bankruptcy litigation rulings?
Vice President & Deputy General Counsel
Ms. Franek is VP and Senior Counsel at CNH Partners, the arbitrage affiliate of AQR Capital Management. In this role,... | Read More
Ms. Franek is VP and Senior Counsel at CNH Partners, the arbitrage affiliate of AQR Capital Management. In this role, she is responsible for providing risk analysis and investment screening, assisting with analysis and execution of investment opportunities, and sourcing, researching and evaluating potential debt and equity investments. Prior to AQR, she was a Senior Counsel for Chevron and a Senior Finance Associate in the New York office of Latham & Watkins LLP, focusing on restructurings and senior secured lending transactions.Close
Milbank Tweed Hadley & McCloy
Ms. Harris’s practice focuses on finance transactions, including structured financings, secured lending, and debt... | Read More
Ms. Harris’s practice focuses on finance transactions, including structured financings, secured lending, and debt restructuring both in and outside of bankruptcy. She represents financial institutions, corporations, issuers, special servicers, and official and ad hoc creditors’ committees. Recent areas of particular focus include workouts of troubled structured finance transactions, special situation lending and secured lending.Close
Melainie K. Mansfield
Milbank Tweed Hadley & McCloy
Ms. Mansfield represents investment funds, borrowers, arrangers and bank lenders. Her practice focuses on secured... | Read More
Ms. Mansfield represents investment funds, borrowers, arrangers and bank lenders. Her practice focuses on secured lending, acquisition finance and troubled debt restructuring. Ms. Mansfield has broad experience in secured lending from working with investment grade borrowers, to banks arranging large syndicated financings, to middle market direct investment fund lending and unitranche transactions, to acquisition financing for PE funds.Close