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Reorganization Value, § 363 Value, and the Games People Play
Today’s chapter 11 cases tend to include upfront announcements of the debtor’s preferred exit strategy. We often see the debtor’s first-day announcement of a pre-negotiated plan structure or an already “half-baked” sale process, as well as DIP loan covenants, driving the announced strategy to a quick and assured conclusion. But what if that plan or sale process is not designed (perhaps intentionally so) to accurately reflect the business’s true inherent worth? This panel will explore how a debtor’s ultimate valuation can be determined more by the bankruptcy process than by the underlying business data.
Valuation Issues in Airline and Aircraft Restructurings
The COVID-19 pandemic, as well as recent political and economic events, have highlighted a number of complicated and hotly debated issues regarding the valuation of airlines in the context of restructurings. This panel will discuss, among other things, how macroeconomic issues are impacting business plans and valuations, the way valuation issues play out in large airline restructurings, and investors’ views on the role that valuation plays in investment decisions and negotiations of restructuring transactions.
The Difficulties of Value Allocation Within a Complex, Insolvent Conglomerate
Negotiation and litigation regarding the allocation of value become more challenging when the debtor is part of an insolvent conglomerate. Parties must consider the allocation of value among subsidiaries and the presence of intercompany claims, guaranties and other complexities. This panel will discuss lessons learned and best practices for negotiating and litigating value allocation, focusing on recent bankruptcy cases and viewpoints from financial, legal and judicial perspectives.
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