Asset Sales

NO CLE - Not so Free, Not so Clear: An Ethical Walk Through Asset Sales

This panel uses hypotheticals to discuss the ethical problems facing counsel and their clients in § 363 sales including collusion, abuses during due diligence, and successor liability.

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NO CLE - The Ramifications of Covenant-Lite Structures

Borrowers have been using relaxed credit agreement and bond covenants to “strip” assets from the collateral/asset pools that lenders think secure them. Neiman Marcus, J.Crew, PetSmart and BC Partners are recent examples. By focusing on these examples, this panel will discuss the covenant-lite structure of today, what the documents really say, who benefits and who gets hurt, and who influences the structure and outcome.

Free Session

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NO CLE - Maximizing Auction Results in a § 363 Sale

This panel will explore how to maximize values in an auction/§ 363 sale for all constituents, and reveal “tricks of the trade” regarding how to generate value for the estate and unsecured creditors in different ways.

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NO CLE - Attorneys and Advisors for All of Us: Representation of Directors and Managers in the Sale of Debtor Assets

Hosted by the Asset Sales and the Financial Advisors & Investment Banking Committees

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NO CLE - ABI-Live: The Intersection of Bankruptcy and Intellectual Property

Join our panel in exploring the intersection of bankruptcy and IP. Panelists will discuss the rights of a licensee when a licensor files for bankruptcy, the rights of a licensor when a licensee files for bankruptcy, and how such rights can impact secured creditors. Discussions will include copyright licenses, patent licenses and trademark licenses, including the Tempnology case that was recently granted certiorari by the Supreme Court.

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NO CLE - ABI-Live: Let’s Make a Deal: Negotiating the Asset Purchase Agreement in Bankruptcy

Free Session

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NO CLE - Great Debates at Bankruptcy 2018: Views from the Bench

Resolved: Under Till v. SCS Credit Corp., a bankruptcy court is required to use a two-step approach to determine the cramdown interest rate, and must first determine whether there is an efficient market before it can use the formula approach.

Resolved: A trademark licensee retains the right to use a debtor’s trademark post-rejection.

Free Session

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NO CLE - What Are the Limits of Sale, Plan and Constitutional Mootness?

Three avenues for appellate courts to dismiss bankruptcy appeals are sale, plan and constitutional mootness. This panel will discuss the strengths and limitations of these three approaches, which appellate courts are increasingly gravitating toward and departing from, and steps and arguments parties can make to improve their chances of success in obtaining (or avoiding) dismissal of a bankruptcy appeal as moot.

Free Session

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NO CLE - Comparison of Asset Sales Under § 363 and Asset Sales Pursuant to a Plan of Reorganization

Hosted by the Asset Sales and Secured Credit Committees

Free Session

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No CLE - ABI-Live: Selling the Sale: Key Provisions in Section 363 Sale Orders

Hosted by the Asset Sales Committee

This webinar will provide an overview of key provisions to be included in Section 363 asset sale orders. Speakers will cover both a basic introduction to the topic, as well as an advanced discussion on issues such as “highest and best offers” and limitations on free and clear orders. The elements discussed will be relevant to various constituents including buyers, debtors and other parties in interest.

Free Session

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