Current Liability Management Issues

Level: Advanced
Runtime: 58 minutes
Recorded Date: April 14, 2021
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        • Liability Management Transactions                
                - Reasons for the Recent Surge
                - Recent Case Examples
        • How Lenders can Protect Themselves Moving Forward: Drafting Tips
        • Specific Considerations for Sponsors, Borrowers, and Participating Lenders

: 1 hour
Recorded: April 14, 2021


This panel will discuss out-of-court loan-priming issues such as Serta and Transocean, among others.

This program was recorded as part of the American Bankruptcy Institute's 2021 Virtual American Spring Meeting held on April 14th, 2021.

Provided By

American Bankruptcy Institute


Deborah J. Newman

Quinn Emanuel Urguhart & Sullivan, LLP

Deborah J. Newman is a partner with Quinn Emanuel Urquhart & Sullivan, LLP in New York, where her practice focuses on bankruptcy-related litigation and complex commercial litigation. She represents creditors, bondholders, indenture trustees, hedge funds, institutional investors, creditor committees and debtors in the full range of complex litigation matters arising in the course of chapter 11 restructurings, cross-border insolvencies and other bankruptcy contexts, as well as other complex commercial litigations occurring in state and federal courts.

Ms. Newman has litigated some of the most cutting-edge issues in bankruptcy litigation, including the treatment of original-issue discounts under the Bankruptcy Code, the appropriate cramdown interest rate for a secured creditor, the applicability of ? 546(e) of the Bankruptcy Code to constructive fraudulent conveyance claims, and individual creditors’ ability to pursue fraudulent conveyance actions following a debtor’s bankruptcy filing.

Ms. Newman also has wide-ranging experience in complex commercial litigation occurring outside of the bankruptcy courts, including by recently obtaining a ruling from the First Department of the Appellate Division of New York reversing a lower court decision and dismissing with prejudice an action seeking more than $90 million. She was selected as a 2016 “Rising Star” in bankruptcy litigation by Law360.

Ms. Newman received her undergraduate degree from the University of Michigan with honors in 1997 and her J.D. from Columbia University School of Law in 2002.

Gregory V. Demo

Pachulski Stang Ziehl & Jones

Jennifer E. Daly

King & Spalding, LLP

Jennifer E. Daly is a partner with King & Spalding in New York in its Leveraged Finance practice group, and specializes in private credit and special-situations investing. Having previously held senior roles in the financial services and investment management sectors at Bank of America Merrill Lynch and distressed credit fund Avenue Capital, she most recently was the COO and Chief Compliance Officer of hedge fund Hunter Peak Investments before rejoining the firm.

Ms. Daly is lead counsel for private credit funds, special situation and opportunistic funds, business development companies (BDCs), hedge funds and other investment advisors, leading financial institutions and borrowers in LBOs, leveraged finance, unitranche, first lien/second lien, mezzanine, debtor-in-possession financings, rescues, exits, liability management transactions, and other secured and unsecured lending transactions, with a focus on both performing credit and the finance elements of in and out of court workouts and restructurings. Some of her significant representations include Antares, Apollo, Blue Torch Capital, CVC, GSO, KKR, Owl Rock, MSD Capital, Park Square Capital and New Mountain Capital.

Ms. Daly received her B.A. from Georgetown University and her J.D. from Fordham University.

Scott L. Alberino

Akin Gump Strauss Hauer & Feld, LLP

Scott L. Alberino is a partner with Akin Gump Strauss Hauer & Feld LLP in Washington, D.C., where he focuses on corporate restructuring matters and distressed transactions. He guides companies and creditors through evaluating, structuring and implementing in-court and of out-ofcourt restructuring strategies, and his experience spans a variety of industries and jurisdictions and includes cross-border reorganizations.

Mr. Alberino represents debtors, official creditor committees, informal creditor groups, equityholders and other stakeholders in all aspects of corporate liability management, restructuring, bankruptcy and insolvency proceedings. He regularly advises boards of directors of public and private companies on issues facing financially distressed companies, including fiduciary duties, corporate governance and executive compensation. He also regularly represents private-equity funds, hedge funds and other financial institutions that are acquiring control positions in financially distressed companies and in structuring debtor-in-possession (DIP) and exit financing.

Mr. Alberino has represented public and private distressed companies, informal creditor groups, official creditor committees, providers of DIP and exit financing, acquirers of distressed assets and significant stakeholders. He is a member of ABI and the Turnaround Management Association.

Mr. Alberino received his B.A. in 1997 and his J.D. in 2000 from Emory University School of Law.

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