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Trends in Secured Financing, DIP Lending, Cash Collateral and Exit Financing


Level: Advanced
Runtime: 68 minutes
Recorded Date: September 13, 2017
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Agenda


  • Secured Financing
  • Unrestricted Subsidiaries
  • "Ticking" Restructring Fees
  • DIP Financing and Cash Collateral
  • Impact of FILOs, AALs and ICAs on Roll-ups
  • Heightened Scrutiny or Entire Fairness for Insider DIP Loans
  • In re Molycorp, 1129(a)(9)(a), and Committee Investigation Fees
  • Case Milestones
  • Exit Financing
  • Rights Offerings and Equal Treatment Under 1123(a)(4)
Runtime: 1 hour and 8 minutes
Recorded: September 13, 2017


Description

This panel will discuss current trends and recent decisions in cash collateral usage, debtor-in-possession financings and exit financings, including strategies for effectively negotiating such financing arrangements, best practices and addressing common objections.

This program was recorded on September 13th, 2017.

Provided By

American Bankruptcy Institute
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Panelists

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Dimitri G. Karcazes

Prinicipal
Goldberg Kohn Ltd.

Dimitri G. Karcazes is a principal in the Bankruptcy & Creditors’ Rights Group of Goldberg Kohn Ltd. in Chicago. He primarily represents institutional lenders in the protection and enforcement of creditors’ rights. Mr. Karcazes is involved in all aspects of commercial workouts and bankruptcies and has handled transactions and cases throughout the U.S. and in Canada, Mexico and the European Union.

He is a commissioner from the State of Illinois to Uniform Law Commission, and he served on the committee to harmonize the laws of the U.S., Mexico and Canada with respect to the Convention on the Assignment of Receivables in International Trade. Mr. Karcazes is a member of ABI, the Turnaround Management Association and INSOL Europe, among other organizations.

He received his his B.A. with honors in 1996 from the University of Chicago, Phi Beta Kappa, and his J.D. with honors in 1999 from the University of Chicago. In the course of obtaining his B.A., he studied law and international relations for one year at the London School of Economics.

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Matt Barr

Partner
Weil, Gotshal & Manges, LLP

Matthew Barr is a partner with Weil, Gotshal & Manges LLP in New York and co-chairs its Business Finance & Restructuring Department. He leads representations of debtors, secured and unsecured creditors, bondholders, ad hoc groups, private-equity funds, acquirers of assets, hedge funds and other institutions acquiring controlling positions in financially distressed companies, and other major stakeholders in chapter 11 reorganization cases and out-of-court restructurings both in the U.S. and internationally.

Mr. Barr’s engagements have ranged across a wide array of industries, including retail, telecommunications, chemical, pharmaceutical, textile, energy, oil and gas, automotive, apparel, manufacturing, pharmaceutical, project finance and shipping. He has consistently been listed over the years in Chambers Global, Chambers USA, IFLR1000, Lawdragon, Legal 500: Guide to World’s Leading Insolvency and Restructuring Lawyers (Legal Media Group) and Super Lawyers, among others.

Mr. Barr received his B.S. from Boston University and his J.D. from New York Law School.

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Hon. Kevin J. Carey

Judge
U.S. Bankruptcy Court, District of Delaware

Hon. Kevin J. Carey is a U.S. Bankruptcy Judge for the District of Delaware in Wilmington, first appointed in 2005 and serving as Chief Judge from 2008-11.

He previously served as a U.S. bankruptcy judge for the Eastern District of Pennsylvania, appointed on Jan. 25, 2001. Judge Carey serves on ABI’s Executive Committee as Vice President-Membership and is a past global chairman of the Turnaround Management Association. He is a member of the National Conference of Bankruptcy Judges and also serves as an associate editor for the American Bankruptcy Law Journal.

Judge Carey is the Third Circuit representative on the Administrative Office’s Bankruptcy Judges Advisory Group and is a member of the Third Circuit Judicial Council’s Facilities and Security Committee. He is also a contributing author to Collier on Bankruptcy and Collier Forms Manual. Judge Carey is a part-time adjunct professor in the LL.M. in Bankruptcy program at St. John’s University School of Law in New York and at Temple University’s Beasley School of Law in Philadelphia. He began his legal career in 1979 as law clerk to Bankruptcy Judge Thomas M. Twardowski, then clerked for the U.S. Bankruptcy Court for the Eastern District of Pennsylvania.

Judge Carey received his B.A. in 1976 from Pennsylvania State University and his J.D. in 1979 from Villanova University School of Law.


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