Larval TRANSport Lagrangian model (LTRANS)
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Larval TRANSport Lagrangian model (LTRANS)
Larval TRANSport Lagrangian model (LTRANS)
Because Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS)oburn LLP One U.S. Bank Plaza Suite 3300 St. Louis, MO 63101 Ph: 314-552-6167 Fx: 314-552-7167Email: ckelly@thompsoncoburn.comA. The Quest to Eliminate. Minimize or Deter the Dreaded Possibility of Bankruptcy and Competing Creditor Claims.Bankruptcy permits an obligor to delay collection efforts for Larval TRANSport Lagrangian model (LTRANS) some period of time and in certain instances to restructure, re-characterize or otherwise avoid claims or liens on terms and conditions that are notLarval TRANSport Lagrangian model (LTRANS)
always palatable to creditors. Court administration of a debtor’s affairs and the debtor’s implementation of the remedies available to it in bankruptcBecause Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS)laims against assets and altered priorities. In the latter part of the 1980s, creative thinkers began devising various techniques aimed at eliminating or minimizing the risks to a creditor of the financial distress of an obligor. These techniques as developed over the years are sometimes generically Larval TRANSport Lagrangian model (LTRANS) referred to (particularly in the context of certain types of asset based or accounts receivable financing) as “structured finance”. Eliminating, rendLarval TRANSport Lagrangian model (LTRANS)
ering more remote, or deterring the possibility of a bankruptcy and other potentially adverse occurrences associated with an obligor’s financial distrBecause Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS)f time allotted would be overly ambitious. Consequently, this presentation will assume a working knowledge of the topic and will touch only upon certain current developments relating to three devices sometimes utilized to minimize the risk of a bankruptcy: a) waivers of bankruptcy rights (particular Larval TRANSport Lagrangian model (LTRANS)ly waivers of the right to the protection of the automatic stay), b) certain specialized third-party guaranties, and c) bankruptcy remote entity strucLarval TRANSport Lagrangian model (LTRANS)
turing. However, those eager to study this area in greater detail need not despair. No topic in the last 25 years appears to have been given greater tBecause Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS)merican College of Real Estate Lawyers.2Ms. Kelly expresses her thanks to David D. Farrell, Kathleen E. Sailer and Allison E. Graves for their assistance in pieparing these materials. Mr. Farrell Is a partner with Thompson Coburn LLP in the Firm's Business Bankruptcy, Creditors’ Rights and Restructu Larval TRANSport Lagrangian model (LTRANS)ring Practice Area. He received his J.D. degree from Washington University in St. Louis and his A.B. degree from Georgetown University. Ms. Sailer isLarval TRANSport Lagrangian model (LTRANS)
an associate with Thompson Coburn LLP in the Finn's Business Bankruptcy, Creditors' Rights and Restructuring Practice Aiea. Ms. Sailer received her hoBecause Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS)ssociate with Thompson Coburn LLP. Ms. Graves is currently a third-year law student at the University of Alabama and a senior editor on the Alabama Law Review.by scholars and practitioners alike is available for consultation. A selected (but fairly comprehensive) bibliography of materials covering b Larval TRANSport Lagrangian model (LTRANS)oth the theoretical and the practical aspects of various techniques employed to minimize bankruptcy risk is set forth at Exhibit A to assist anyone inLarval TRANSport Lagrangian model (LTRANS)
terested in “drilling down" further into the depths of this area.B. Waivers of Rights and Remedies Afforded Under the Bankruptcy Code1Waiver of the RiBecause Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS)eable. Whether a waiver of the right to file a voluntary or involuntary proceeding in other scenarios (such as waiver of the right to file a subsequent voluntary bankruptcy by a debtor in connection with confirming a plan of reorganization, or a waiver of the right to commence an involuntary proceed Larval TRANSport Lagrangian model (LTRANS)ing by a junior creditor in favor of a senior creditor as part of an intercreditor arrangement) will pass muster with a bankruptcy court remains to beLarval TRANSport Lagrangian model (LTRANS)
seen.2Waiver by Debtor of the Right to Protection Afforded by the Automatic SioyEfforts to enforce pre-bankruptcy waivers of the automatic stay and wBecause Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS)pth by John c. Murray and Judith Greenstone Miller, in Waivers of Automatic Stay: Are They Enforceable (And Does the New Bankruptcy Act Make a Difference)?, 41 Real Prop. Prob. & Tr. J. 357 (Copyright © 2006 American Bar Association). A copy of this Article will be distributed al the presentation wi Larval TRANSport Lagrangian model (LTRANS)th the permission of the American Bar Association solely for purposes of supplementing these materials.3Other WaiversGiven the explosion of second lieLarval TRANSport Lagrangian model (LTRANS)
n financing, senior creditors are becoming more creative in seeking and endeavoring to enforce pre-bankruptcy transfers of the right to vote and similBecause Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS)ents (which the senior lender may seek to have paid over to it). See, e.g., Jo Ann J. Brighton & Mark N. Berman, Second-Lien Financings: Enforcement of Intercreditor Agreements in Bankruptcy, Part I: More Questions than Answers, 25-Feb Am. Bankr. Inst. J. 38 (2006); Jo Ann J. Brighton & Mark N. Berm Larval TRANSport Lagrangian model (LTRANS)an, Second-Lien Financings, Part II: Anecdotes and Speculation-rhe Good, the Bad and the Ugly, 25-Mar Am. Bankr. Inst. J. 24 (2006); Jo Ann J. BrightoLarval TRANSport Lagrangian model (LTRANS)
n & Mark N. Berman. Second-Lien Financings, Part HI: Anecdotes-the Good, the Bad and the Ugly: Atkins-the Good, 25-May Am. Bankr. Inst. J. 14 (2006); Because Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS)Mark N. Berman, Second Lien Financing: Part V: Who Gets What?, 25-Aug Am. Bankr. Inst. J. 38 (2006); John E. Moose & Patrick M. Jones, Is it Debt, or Is it Equity? How the Classification of Hybrid Securities Can Turn a Good Company Bad, 26-Mar Am. Bankr. Inst. J. 32 (2007); James D. Prendergast, Sec Larval TRANSport Lagrangian model (LTRANS)ured Real Estate Mezzanine Lending (With Form), 23 No. 2 Prac. Real Est. Law. 35 (2007); Paul Baisier, Second-Lien Financings-More Good. Bad and Ugly:Larval TRANSport Lagrangian model (LTRANS)
A Decision at Last, 26-Apr Am. Bankr. Inst. J. 50 (2007); Grant Puleo & Michael Lyon, Mezzanine Loans to Developers and Owners of Real Estate ProjectBecause Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS) rhe Intercreditor Agreement: Not Etched in Stone. 22 No. 4 Real Est. Fin. J. 79 (2007). and other of the materials cited in the bibliography respecting the validity and enforceability of various “bankruptcy-proofing” and “bankruptcy-remoteness” techniques as utilized in the context of intcrcrcditor Larval TRANSport Lagrangian model (LTRANS) agreements.c. Springing, Exploding and Non-Recourse Carve-Out (“Rad Bov") GuarantiesEach of these types of guaranties may be used al the outset ol thLarval TRANSport Lagrangian model (LTRANS)
e loan or as pan ol a workout as a means of deterring or minimizing risks of bankruptcy or other occurrences that may impact recovery on the credit.1SBecause Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS) certain specified events in the future, such as:•rhe filing of a bankruptcy petition by or against the borrower or pledgor (guarantor’s counsel will typically seek to limit the effect of an involuntary filing to those in which the guarantor was actively involved in instigating).•The violation of si Larval TRANSport Lagrangian model (LTRANS)ngle asset'bankruptcy remote covenants in the loan documents by a borrower or pledgor.•Particularly where the guaranty is taken as part of a work out,Larval TRANSport Lagrangian model (LTRANS)
efforts to hinder, delay or contest (whether by seeking injunctive relief, the filing of a redemption notice or otherwise) by a botTower. pledgor or Because Waiting and Consolidating Don't Rate: A Tour ofSelected Techniques Used to Minimize the Impact of Protect Distress1ByCheryl Kelly2 Thompson Co Larval TRANSport Lagrangian model (LTRANS)ringing into being) upon the occurrence of indefeasible payment in full of the indebtedness.2Exploding GuarantyUnder this form of guaranty, the entire (or some limited) amount of the indebtedness is guarantied on certain terms and conditions from outset of the execution and delivery of the document. Larval TRANSport Lagrangian model (LTRANS) The liability under the guaranty will evaporale or "explode" u|M)n the occurrence of certain spec died events suc h as successful completion ol a forLarval TRANSport Lagrangian model (LTRANS)
eclosure or recordation ol a deed (or transfer) in lieu of foreclosure (and, il the lender can negotiate lor same, the passage OÍ applicable avoidanceGọi ngay
Chat zalo
Facebook