New Hampshire State Approved Sessions

This is the second in a series of presentations geared toward understanding the deal-document side of a common transaction in a chapter 11 case. The panel will focus on DIP financing agreements, specifically what is behind the representations and warranties, covenants, default provisions and remedy provisions: Do differences exist if the DIP lender is the pre-petition lender rather than a new provider of funding? Are there deal-document differences if it is a syndicated lender group rather than a single lender? Just as important is what the panel will not focus on: This is not intended to be a discussion of § 364 and the means for obtaining approval of, or objecting to, a DIP financing motion. Rather, the presentation will be by those who understand and can explain the provisions of, the rationale behind, and the drafting and negotiation of the DIP financing agreement’s provisions.

Using Available Technologies in Bankruptcy Litigation — From the Basics to the Cutting Edge

A moderated roundtable featuring the judges of the Southern and Eastern Districts of New York

Discussion and debate about the venue statute (28 U.S.C. § 1408) and whether it should be modified; special issues involving venue for chapter 15 (including for Chinese companies); impact of venue controversies on UCC selection, first-day orders, and other early issues and decisions; could claims arise from improper venue selection?

Primary focus on voluntary hospitals (including health care issues); secondary focus on NYC Opera, CCRCs, schools, etc.; duties and liabilities of directors; avoidance issues; impact of philanthropic base; avoidance, solvency and deepening insolvency issues; possible focus on benefit corporations, low-profit limited liability companies (LC3s)

Use of judges as mediators; when is the right time to mediate?; when will discovery or a ruling on a key issue facilitate mediation?; who should attend?; what information should be exchanged and what should be confidential to the mediator?; possible case study of ResCap mediation or other example

Extension of controlled group liability to fund investors (Sun Capital), foreign affiliates; U.K. pension claims asserted against U.S. debtors (Nortel, Reader’s Digest); allocation of liability among controlled groups; pre-petition vs. post-petition benefits and claim accrual (including withdrawal liability); standards for termination; multi-employer plan withdrawal liability/“last man standing”; Kodak