Otterbourg Attorneys Give Program on Intercreditor Agreements for Loan Syndication and Trading Association
June 7, 2010
Jon Helfat and David Morse gave a program on "The Intercreditor Agreement: Not As Simple As It Looks!" on Monday, June 7, 2010 sponsored by the Loan Syndications and Trading Association.
With the recent and not so recent cases in which intercreditor agreements have been critical to lenders, lenders need make sure that the agreements work the way they should. As the complexity of intercreditor agreements has expanded, to say it’s not as simple as it looks "may" just be an understatement.
The program examined some of the more subtle issues that arise in intercreditor agreements and how to make sure that you have the rights you want or think you have!
Topics included:
- Defining Priority Collateral--It's Not Just What You Think!
- Structuring the "Cap": What is "First Lien Debt" Anyway?
- The “Standstill” or Remedies Block: Do You Have What You Think You Have?
- Consent by Second Lien Lender to Sales and Release of Second Lien
- Will a Bankruptcy Court Enforce the Agreement...and How?
- Traps in Adequate Protection
- Credit Bidding and the Intercreditor Agreement
