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Debtor-in-Possession and Exit Financing: Leading Lawyers on Securing Funding and Analyzing Recent Trends in Bankruptcy Financing (Inside the Minds) »

Book cover image of Debtor-in-Possession and Exit Financing: Leading Lawyers on Securing Funding and Analyzing Recent Trends in Bankruptcy Financing (Inside the Minds) by Aspatore Books

Authors: Aspatore Books
ISBN-13: 9780314263629, ISBN-10: 0314263624
Format: Paperback
Publisher: Aspatore Books
Date Published: February 2010
Edition: (Non-applicable)

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Author Biography: Aspatore Books

Book Synopsis

Debtor-in-Possession and Exit Financing provides an authoritative, insider's perspective on securing DIP and exit financing during the current challenging economic environment. Featuring partners from some of the nation's leading law firms, these experts guide the reader through recent bankruptcy cases, trends in the financial market, new innovations emerging in bankruptcy financing, and the lawyer's role in securing funding. With a focus on how to obtain DIP financing and transition to exit financing, these top lawyers discuss the importance of determining clients' needs, negotiating with lenders, understanding defensive and offensive DIPs, and evaluating the impact of credit market changes. Additionally, these leaders analyze common issues that today's borrowers face, such as the development of a realistic reorganization plan, the inability to maintain previously committed funding, and the struggle to find alternative sources for funds. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-changing field.

Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies and firms nationwide. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within theprofessional community.


Chapters Include:

1. Paul H. Zumbro, Partner, Cravath, Swaine & Moore LLP - "An Overview of Debtor-in-Possession Financing"
2. George W. Shuster Jr. and John D. Sigel, Partners, Wilmer Cutler Pickering Hale and Dorr LLP - "Debtor-in-Possession and Exit Financing in Multi-Lender and Multi-Tranche Facilities"
3. Erika L. Morabito, Partner, Patton Boggs LLP - "Debtor-in-Possession and Exit Financing in Today's Market"
4. Elizabeth Lee Thompson, Member, Stites & Harbison PLLC - "Chapter 11 Debtors Struggle as the Economic Downturn Restricts Cash Collateral Use and Debtor-in-Possession Financing"
5. Mette H. Kurth, Partner, Arent Fox LLP - "Emerging Strategies for Bankruptcy Financing"
6. Evan M. Jones, Partner, O'Melveny & Myers LLP - "Facing New Realities in Today's Debtor-in-Possession Market"
7. Douglas R. Pahl and Alan D. Smith, Partners, Perkins Coie LLP - "Financing the Debtor in a Difficult Market"

Appendices Include:

Appendix A: Aleris International Inc. Term Sheet
Appendix B: Selected Sample Credit Agreement Provisions Applicable to Debtor-in-Possession Financing
Appendix C: Representative Examples of Voting Provisions in Recent Credit Agreements
Appendix D: Representative Examples of Sharing Provisions in Recent Credit Agreements
Appendix E: Top Twenty-Five Debtor-in-Possession Financing Deals for 2009
Appendix F: Top Twenty-Five Debtor-in-Possession Lenders for 2009
Appendix G: Top Twenty-Five Exit Financing Deals for 2009
Appendix H: Top Twenty-Five Exit Financing Lenders for 2009
Appendix I: Final Agreed Cash Collateral Order
Appendix J: Order (I) Authorizing the Debtors to Obtain Post-Petition Financing and Use Cash Collateral, and (II) Granting Adequate Protection to Pre-Petition Secured Parties
Appendix K: Order for Final Use of Cash Collateral and Authorization to Incur Post-Petition Financing

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