Valuation

NO CLE - Reorganization Value, § 363 Value, and the Games People Play

Today’s chapter 11 cases tend to include upfront announcements of the debtor’s preferred exit strategy. We often see the debtor’s first-day announcement of a pre-negotiated plan structure or an already “half-baked” sale process, as well as DIP loan covenants, driving the announced strategy to a quick and assured conclusion. But what if that plan or sale process is not designed (perhaps intentionally so) to accurately reflect the business’s true inherent worth?

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NO CLE - Valuation Issues in Airline and Aircraft Restructurings

The COVID-19 pandemic, as well as recent political and economic events, have highlighted a number of complicated and hotly debated issues regarding the valuation of airlines in the context of restructurings. This panel will discuss, among other things, how macroeconomic issues are impacting business plans and valuations, the way valuation issues play out in large airline restructurings, and investors’ views on the role that valuation plays in investment decisions and negotiations of restructuring transactions.

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NO CLE - Making Sense of a Distress-less Investing Market: Sustainable, Cyclical or Illusionary?

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NO CLE - The Difficulties of Value Allocation Within a Complex, Insolvent Conglomerate

Negotiation and litigation regarding the allocation of value become more challenging when the debtor is part of an insolvent conglomerate. Parties must consider the allocation of value among subsidiaries and the presence of intercompany claims, guaranties and other complexities. This panel will discuss lessons learned and best practices for negotiating and litigating value allocation, focusing on recent bankruptcy cases and viewpoints from financial, legal and judicial perspectives.

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NO CLE - The Impact of Easy Money on Valuations During the Pandemic

Unprecedented levels of government stimulus, record levels of IPOs and an explosion of the SPAC market provided an abundance of liquidity to an already-buoyant market. These factors, combined with historically low interest rates, have fueled record levels of M&A and refinancing activity. This panel will examine the effects that this "easy money" has had on valuations throughout the pandemic, and compare these effects to companies' valuation outlooks for the remainder of calendar year 2022 and beyond.

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NO CLE - Hot Topics in Valuation

This panel will examine current developments that may affect asset, enterprise and plan valuations. The panelists will discuss evolving market factors, the latest legal developments, and changing trends in valuation methodology.

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NO CLE - The Pandemic Era: Did Corporate Valuation Change?

This case-study-based discussion will focus on valuation for companies significantly impacted by COVID-19. The panelists will discuss recent cases where the market and business uncertainty caused by the pandemic led to unpredictable or unexpected valuation outcomes. Further consideration will be given as to how these outcomes might (or might not) be relevant going forward.

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NO CLE - Case Study in Conjunction with the 2022 Complex Financial Restructuring Program: Hexative

This panel will use a case-study approach and mock negotiations to work through restructuring options for a brand-new case study. The case focuses on issues related to the valuation, makewhole, shared-services agreement and governance issues of the company and its creditors.

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NO CLE - Reconsidering Value Allocation: Tools for Junior Stakeholders

Section 506(c) and 552(b) waivers have become a staple in the pre-petition-lender-turned-DIP-lender toolbox. But what are the unsecured creditor’s tools for pushing back, and the arguments for why value that accrued post-petition might properly be reserved for junior creditors?

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NO CLE - Dollars and Times: Is the Business Valuable?

The experts on this panel will show you how to get the best valuation evidence before the courts, and will discuss how volatile COVID-19 conditions have impacted their valuation opinions.

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