NO CLE - 2nd Annual Understanding the Nonbankruptcy Part of the Deal: DIP Financing Agreements

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.