About
The slow-motion economic recovery has kept many companies from meeting their loan obligations, and economic uncertainties mean that this state of affairs may not change for some time to come. Accordingly, creating the best workout structure is crucial for lenders seeking to maximize their return on outstanding debts. The complex nature of a workout requires an up-to-the-minute understanding of many different financial, legal and management issues. Anyone involved in the process - whether on the lender or borrower side - must have a comprehensive understanding of all the issues involved when making decisions.
American Conference Institute has developed the 3rd Annual Commercial Loan Workouts publication to give you the latest information from the most experienced and knowledgeable professionals in this field. A wide variety of practitioners - turnaround, restructuring and workout professionals, in-house counsel from leading financial institutions, and expert attorneys representing lenders and debtors - has provided their differing perspectives on the latest developments in the law, the important business considerations that must underlie any financial restructuring and the current tactics and strategies that are proving successful for the leading workout artists today. You will gain from the insights of professionals at Alvarez & Marsal, Bank of America, DDJ Capital Management, FleetBoston Financial, FTI Consulting, TRG, Wachovia Securities, Whitehall Business Credit and many leading law firms on:
- How to recognize a potential default and what to do before it happens
- Strategies for working with - and against - other creditors in syndicated loans
- How to properly position a turnaround officer
- Understanding the available options when restructuring
- Protecting and enhancing the security of your collateral
- Minimizing exposure related to cash management services
- How to manage potential corporate governance problems
Contents & Contributors
FROM BORROWER TO DEBTOR: WARNING SIGNS AND PROTECTIVE
PROCEDURES TO PROTECT YOUR INVESTMENT
Tom Cambern, Wachovia Securities
Gregory A. Bray, Milbank, Tweed, Hadley & McCloy, LLP
Scott A. Lessne, FleetBoston Financial Corporation
A PRACTICAL GUIDE TO THE SECURED CREDITOR'S STRATEGIC
OPTIONS IN A TROUBLED CREDIT
Jessica C. Knowles, Sidley Austin Brown & Wood LLP
Jeffrey Steen, Sidley Austin Brown & Wood LLP
SAMPLE FORM OF REVISED UCC ARTICLE 9 SECURITY AGREEMENT
AND PERFECTION CERTIFICATE
Edwin E. Smith, Bingham McCutchen
POSITIONING A TURNAROUND OFFICER FOR OPTIMAL EFFECTIVENESS
(WHILE AVOIDING LENDER LIABILITY)
Joseph Bondi, Alvarez & Marsal
Andre A. Laus, TRG
Scott Lessne, FleetBoston Financial Corporation
J. Gregory St. Clair, Skadden, Arps, Slate, Meagher & Flom LLP
Brian Trust, Mayer, Brown, Rowe & Maw LLP
MAXIMIZING THE EFFECTIVENESS OF A TURNAROUND OFFICER
Andre A. Laus, TRG
MASTERING THE WORKOUT PROCESS FOR MIDDLE MARKET
AND SMALL BUSINESSES
Kevin L. McDevitt, FleetBoston Financial Corporation
Christopher P. Schueller, Buchanan Ingersoll PC
SYNDICATED LOANS, SUBORDINATED DEBT AND OTHER
INTERCREDITOR ISSUES
Brian Trust, Mayer, Brown, Rowe & Maw LLP
MINIMIZING THE BANK'S EXPOSURE FOR CASH MANAGEMENT
SERVICES IN A WORKOUT
Gregg M. Galardi, Skadden, Arps, Slate, Meagher & Flom LLP
Jill A. Henderson, FleetBoston Financial Corporation
CORPORATE GOVERNANCE OF THE FINANCIALLY TROUBLED COMPANY:
INCREASED SCRUTINY AND FIDUCIARY DUTIES
Richard M. Cieri, Gibson, Dunn & Crutcher LLP
Peter V. Pantaleo, Simpson Thacher & Bartlett LLP
ETHICAL CONSIDERATIONS IN COMMERCIAL LOAN WORKOUTS
William M. O'Connor, Buchanan Ingersoll PC
James T. Hughes, Jr., Buchanan Ingersoll PC
Publication Details