Rendering Opinions in Structured Finance and Securitized Lending Transactions: Best Practices, Principles of Bankruptcy Remoteness, Legal Separateness and More
Navigating Assumptions, Qualifications, Limitations and Use of Letters; Reducing Risks for Opinion Givers
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will provide a review of the use of opinion letters in structured finance transactions, explain various elements of the opinions and outline the types of assumptions and qualifications the opinion giver should utilize to minimize risks.
- Valid formation of the entity
- Authorization of transaction by the entity
- Substantive consolidation opinions
- Authority to file for bankruptcy
The panel will review these and other critical issues:
- How should the opinion giver address the issue of bankruptcy remoteness: What are the limitations, assumptions, and qualifications that the opinion giver should consider? What should you be looking for in the SPE's organizational documents?
- What issues should the opinion-giver address in a non-consolidation opinion?
- What are the bankruptcy risks that parties providing financing to a structured finance SPE can minimize?
- What should state law opinions address?
Lorne W. McDougall
Mr. McDougall is a Partner in the Firm's Real Estate Department and resident in the Boston office. He is a former... | Read More
Mr. McDougall is a Partner in the Firm's Real Estate Department and resident in the Boston office. He is a former head of our Real Estate Department and has been a member of the Firm’s various Senior Management Committees of the Firm for over 10 years.Close
Christopher M. Winter
Mr. Winter is a Delaware business lawyer who focuses his practice on chapter 11 bankruptcy law and proceedings,... | Read More
Mr. Winter is a Delaware business lawyer who focuses his practice on chapter 11 bankruptcy law and proceedings, commercial finance and transactions, and Delaware corporate and alternative entity law. He advises clients on federal bankruptcy matters and represents agents, lenders and borrowers in financing transactions. He also represents clients in mergers and asset sale transactions, and advises clients with respect to Delaware corporate and alternative entity law, including with respect to corporate governance. Mr. Winter regularly provides legal opinions under Delaware law and is a member of the firm's opinion committee.Close
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