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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.
The Pulse of Health Care: Operators, Real Estate, and Market Momentum
This panel will explore current pressures on health care operators, financing structures and real estate transactions. The panelists will cover entity structures, lending approaches and key trends defining today's health care market.Learning Objectives:Attendees will learn to:Identify current financial pressures on health care operators and their impact on real estate transaction structures and lending approaches.Analyze entity structuring options and financing mechanisms commonly used in health care real estate transactions.Evaluate emerging trends in health care operator distress and their implications for lenders, investors and restructuring professionals.
Fraud in Focus: From Early Warning Signs to Effective Remedies
Fraud can surface at any stage of a transaction—and its impact can be devastating. This session guides attendees through the key phases where fraud risk emerges, spotting early warning signs during underwriting, recognizing post‑closing concerns that signal deeper issues, and deploying the appropriate remedies when misconduct becomes clear. Panelists will share real‑world examples, investigative approaches, and strategic responses used by lenders, advisors, litigators, and special servicers.Learning Objectives:Attendees will learn to:Identify early warning signs of fraud during underwriting and recognize post-closing red flags that indicate potential misconduct in real estate transactions.Apply investigative approaches and evidentiary standards used by lenders, special servicers and advisors to substantiate fraud claims.Formulate strategic legal remedies and recovery options available to victims of real estate fraud, including litigation strategies and alternative dispute resolution.
Distressed Leases & Asset Sales: Strategies, Pitfalls, and Emerging Trends
This panel will explore strategies and pitfalls in distressed lease and asset sales, both in and out of court. Panelists will address key issues in negotiating lease workouts and structuring asset sales, highlighting how tactics shift depending on asset class. Discussion will cover recent trends, including repeat bankruptcies and the rise of lease-only and stand-alone asset sales, with practical insights for stakeholders navigating today’s restructuring challenges.Learning Objectives:Attendees will learn to:Draft and negotiate lease workout agreements and structure asset sales in both in-court and out-of-court distressed scenarios.Distinguish between tactical approaches for different asset classes and identify common pitfalls in distressed lease and asset sale transactions.Analyze emerging trends, including repeat bankruptcy filings, lease-only sales, and stand-alone asset dispositions, to develop effective stakeholder strategies.
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