American Conference Institute - Commercial Loans
February 28, 2008 - February 29, 2008 (add to Outlook Calendar)
The Westin New York at Times Square
270 West 43rd Street
New York, NY 10036
Mark Joachim will co-present "Drafting Techniques and Negotiating Strategies for a New Generation of Intercreditor Agreement" at the Post-Conference Workshop.
Presentation Description
In light of the seeming inconsistencies and uncertainty emanating from the bankruptcy courts with regard to intercreditor agreements, combined with the coming wave of defaults, it is clear that negotiating strategies and drafting techniques for these agreements are more important now than ever before. By the conclusion of this workshop, you will have learned which intercreditor agreement provisions are the most important and the most contentious and you will have mastered the negotiating strategies and drafting techniques that will help you protect your interests.
- Outlook for intercreditor agreements going forward
- What the bankruptcy courts have taught us so far
- Effects of the coming downturn on intercreditor agreement negotiations and drafting
- Using the uncertainty of bankruptcy to gain leverage in negotiations
- Payment subordination versus lien subordination
- “Loan-to-own”
- Standstill periods
- How long should they be?
- Collateral sales outside of bankruptcy
- Bankruptcy provisions:
- DIP financing
- Use of cash collateral
- Debt caps
- Adequate protection rights
- Voting rights
- Section 363 consents
- Option to purchase senior debt