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Getting Deals Done Out of Court: The Evolving Role of the Market Test
This session will focus on the increased scrutiny on the sale of claims and causes of action against insider purchasers. Everyone wants an out-of-court deal — until someone asks for a market test. Is it a vital validation tool, or an obstacle that kills momentum? The panelists will take a candid look at when market checks matter, when they don’t, and how to strike the balance that gets deals across the finish line.Learning ObjectivesAttendees will evaluate the role of market testing in out-of-court transactions, including when it serves as a meaningful validation tool versus when it may hinder deal execution.Attendees will identify legal and practical considerations surrounding the sale of claims and causes of action, particularly in transactions involving insider purchasers.Attendees will develop strategies to balance diligence, transparency, and efficiency in order to successfully structure and close out-of-court deals.
The Dark Side of Sale Leasebacks: Overly Rosy and Sparring for a Fight
Sale leaseback transactions are often marketed as win-win situations — unlocking capital while allowing companies to retain operational control of critical assets. But beneath the surface, these structures can carry significant and sometimes underestimated risks. This panel will take a hard look at the “dark side” of sale leasebacks, exploring how transactions that appear overly rosy at inception can later become the focal point of financial distress and legal battles. The panelists will examine the operational ramifications of sale leasebacks, including constraints on flexibility, long-term cost burdens, and impacts on liquidity and capital adequacy. The discussion also will address litigation risks, particularly claims tied to solvency, ability to pay debts, and allegations of fraudulent conveyance or improper capitalization. As sale leasebacks continue to gain traction — especially in capital-intensive and distressed environments — the panelists will explore why this structure remains attractive and how it is reflected on a company’s financial statements from an accounting and disclosure perspective.Learning Objectives:Attendees will evaluate the operational and financial implications of sale leaseback transactions, including their effects on liquidity, capital adequacy, and long-term cost structure.Attendees will analyze the potential restructuring and litigation risks associated with sale leasebacks, including solvency challenges, fraudulent conveyance claims, and disputes over capitalization.Attendees will assess how sale leasebacks are structured and presented in financial statements, including key accounting and disclosure considerations that may affect stakeholder interpretation and risk assessment.
ABI-Live: The Confirmation Wars: How Chapter 11 Plans Are Won and Lost
Hosted by ABI's Bankruptcy Litigation Committee.Plan confirmation is the defining moment of every chapter 11 case — the place where negotiation, litigation and strategy converge. While the Bankruptcy Code sets the framework, the outcome often turns on valuation disputes, creditor dynamics, feasibility challenges and the strategic use of cramdown. This webinar will take an inside look at how chapter 11 plans are actually won and lost. The panelists will explore the key battles that shape confirmation, from classification and voting issues to contested valuation fights and emerging disputes over third-party releases. Drawing on real-world experiences, the discussion will focus on how debtors, creditors and committees build leverage, resolve objections, and navigate contested confirmation hearings in today’s restructuring landscape.
ABI-Live: Structure and Implications of Liability-Management Exercises
Liability management exercises (LMEs) have become an increasingly prominent tool for financially distressed companies seeking to raise new capital, refinance existing obligations, and restructure debt outside of bankruptcy. From uptiers and drop-downs to double-dips and pari-plus transactions, courts are now confronting the enforceability of these transactions and defining their limits. This panel will examine the structural mechanics of LMEs, survey the evolving litigation landscape, and consider the broader implications for borrowers, lenders and the restructuring market.
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