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Treatment of Make-Whole and No-Call Provisions in Bankruptcy After Ultra Petroleum
Navigating the Circuits on Prepayment Premium Provisions; Guidance for Drafting Loan Docum...
April 30, 2019 CLE CLE On-Demand, Download

This CLE webinar will provide bankruptcy and lender counsel with a review of the recent In re Ultra Petroleum case from the Fifth Circuit, highlighting conflicts in the relevant case law and emerging theories regarding both enforceability of make-whole and no-call provisions in bankruptcy loan agree... Read More

Intercorporate Guaranties and Integrated Transactions: Avoiding Fraudulent Conveyance Expo...
Consideration Issues, Reasonably Equivalent Value
January 9, 2019 CLE CLE On-Demand, Download

This CLE webinar will provide finance and bankruptcy counsel with a review of the legal and economic issues in preferential transfer and fraudulent conveyance avoidance actions for intercorporate guaranties, integrated transactions, and designated-use loans. The program will discuss how these transa... Read More

UCC Foreclosures: Overcoming Obstacles to the Sale and Evaluating Receivership and Bankrup...
Protecting Lender and Borrower Interests
November 1, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide attorneys dealing with defaulted loans secured by personal property with a review of the circumstances under which an Article 9 foreclosure is preferred to maximize value for the secured creditor. The panel will discuss the Article 9 foreclosure process and outline best... Read More

Structuring Forbearance Agreements and Strengthening Lender Collateral Position
Crafting Waiver of Existing Defaults, Borrower Reps and Warranties, Confirmation of Liens,...
September 5, 2018 CLE CLE On-Demand, Download

This CLE webinar will prepare counsel to craft effective forbearance agreements that protect lender interests and minimize lender liability and risks in the event of the borrower's bankruptcy. The program will also address steps lenders can take during the workout process to correct deficiencies in... Read More

Structuring Forbearance Agreements and Strengthening Lender Collateral Position
Drafting Waivers of Existing Default, Borrower Reps and Warranties, Confirmation of Liens,...
August 10, 2017 CLE CLE On-Demand, Download

This CLE webinar will prepare counsel to craft effective forbearance agreements that protect lender interests and minimize lender liability and risks in the event of the borrower's bankruptcy. The program will also address steps lenders can take during the workout process to correct deficiencies in... Read More

Equitable Subordination and Recharacterization of Loans: Avoiding Pitfalls for Lenders, Cr...
Navigating Differing Court Standards in Bringing or Defending Bankruptcy Preference Action...
April 13, 2017 CLE CLE On-Demand, Download

This CLE webinar will offer best practices for counsel to lenders, creditors and private equity sponsors to structure transactions and lending practices to protect their claims and maintain preference status against junior and unsecured creditors or borrowers facing insolvency or bankruptcy. Read More

Lien Stripping in Chapter 11 Bankruptcy Cases: Lessons for Secured Creditors
Guidance for Secured Creditors on Lien Ride-Throughs After In re N. New Eng. Tel. Operatio...
January 27, 2016 CLE CLE On-Demand, Download

This CLE webinar will discuss the concept of lien-stripping of a secured lienholder's interest in situations where a secured creditor does not participate in a Chapter 11 bankruptcy case, and the recent Second Circuit decision in In re N. New Eng. Tel. Operations. Read More

Equipment Financing Risks in Bankruptcy: Implications of Lease vs. Secured Transaction
Treatment of Equipment Leases in Bankruptcy and Recharacterization of Lease as a Sale
September 22, 2015 CLE CLE On-Demand, Download

This CLE webinar will examine the risks equipment lenders or lessors face following a borrower/lessee's bankruptcy. The program will review the treatment of an equipment finance loan under the UCC and in bankruptcy as well as the treatment of an equipment lease in bankruptcy. The panel will discuss... Read More

Bankruptcy Credit Bidding Post Fisker: Strategies for Protecting a Credit Bid or Making Fo...
July 29, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide finance and lending counsel with a briefing on the evolution of credit bidding with a focus on the Fisker Automotive ruling and subsequent case law developments. The panel will discuss the impact of recent rulings on the distressed debt market as well as other secured l... Read More

Cross-Collateralization Clauses in Bankruptcy: Enforcement Challenges for Lenders
Resolving Lender Priority Disputes and Protecting Collateral in the Face of Dragnet Clause...
April 8, 2014 CLE CLE On-Demand, Download

This CLE webinar will discuss the enforceability of cross-collateralization clauses in bankruptcy, recent case law regarding lender priority disputes and bankruptcy financing, and best practices for secured creditors to protect their priority in the event of the borrower's bankruptcy. Read More

Bankruptcy Section 506(c) Surcharge on Secured Collateral
Seeking or Defeating Recovery of Expenses for Preserving or Disposing of Collateral
December 17, 2013 CLE CLE On-Demand, Download

This CLE webinar will provide counsel with an understanding of the scope and application of Section 506(c) allowing the debtor or trustee to recover from the secured lender costs and expenses of preserving/disposing of the estate's asset. The panel will explain surcharge on collateral, the debtor's... Read More

Agreements Among Lenders in Unitranche Lending: Structural Issues and Current Trends
December 3, 2013 CLE CLE On-Demand, Download

This CLE webinar will discuss the structure of unitranche loan facilities, the differences between unitranche loan facilities and first/second lien facilities and senior/mezz facilities, certain trends in the unitranche loan facility "market", and certain potential issues associated with AALs. Read More

Bankruptcy Risks for Secured Lenders
Minimizing Claims Involving Fraudulent Transfer, Preference Challenges, Equitable Subordin...
February 26, 2013 CLE CLE On-Demand, Download

This CLE webinar will discuss key risks that secured lenders face with distressed or bankrupt borrowers, including fraudulent transfer, preference challenges, equitable subordination and recharacterization. The program will provide best practices for lenders to structure lending practices to minimiz... Read More

Loan Forbearance Options and Waivers After Default
Crafting Forbearance Agreements That Minimize Lender Liability and Bankruptcy Risks
September 5, 2012 CLE CLE On-Demand, Download

This CLE webinar will prepare counsel to craft effective forbearance agreements that protect lender interests and minimize lender liability and risks in the event of the borrower's bankruptcy. Read More

Fraudulent Conveyance Actions: Responding to TOUSA III
Lessons for Lenders in Financing Transactions With Distressed Companies
July 11, 2012 CLE CLE On-Demand, Download

This CLE webinar will provide bankruptcy attorneys with an analysis of the most recent 11th Circuit TOUSA ruling, discuss the impact of the ruling on practices of commercial lenders and other market participants, and outline best practices for secured lenders dealing with distressed companies. Read More

Distressed Lending and Strategic Investment for Secured Lenders
Structuring Loan Documentation and Protecting Rights and Remedies in Distressed Situations
September 20, 2011 CLE CLE On-Demand, Download

This CLE webinar will discuss the potential pitfalls in distressed lending and strategic investment, and provide practical guidance and tips for lenders at each of the major stages of a transaction--from loan origination through the borrower's reorganization. Read More

Fraudulent Conveyance Actions: TOUSA Revisited
Strategies for Lenders in Financing Transactions With Distressed Companies
May 3, 2011 CLE CLE On-Demand, Download

This CLE webinar will provide bankruptcy attorneys with an analysis of the most recent TOUSA rulings, discuss the impact of the rulings on the practices of commercial lenders and other market participants, and outline strategies for leveraging these new TOUSA rulings. Read More