Industry Overviews: Retail, Commercial Real Estate, Specialty Health Care Providers/Pharma, Energy.
Energy
Megatrends create volatility in the energy market. In 2024, elections, various regional conflicts, concerns about climate change, and the feasibility and marketability of various forms of energy make the valuation of “energy” a potentially tenuous endeavor. This session provides a how-to guide for five-year business plans, capital-adequacy tests and cash-flow tests across the energy industry, and discusses how to meet the bar for stress-testing under Judge Shannon’s Kravitz v. Sampson Energy decision.
Retail-
Douglas E. Spelfogel
Jonathan P. Goulding
Surbhi Gupta
Hon. Thomas M. Horan
Commercial Real Estate-
David Levy
Navin Nagrani
Specialty Health Care Providers/Pharma-
Stuart Neiberg
David Light
Kelly E. Singer
Sidney S. Welch
Energy-
Lorie R. Beers
Kenneth J. Malek
Matthew W. Moran
Recapitalization: What Works, What Doesn’t, and Why
This panel will discuss capital providers, sources of funds, life of structures, what happens with defaults (CLO, CMBS, Bank), and what makes for a successful recap without a par transaction/payoff.
Recent Confirmation Issues
This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.
Recent Developments in DIP Financing
This panel will explore recent developments and trends in DIP financing, including equity-linked DIP facilities, contingent second draws, case controls, an increase in priming fights, and increased chapter 7 conversions due to an increased unwillingness of DIP lenders to bail out chapter 11 debtors.
Restructuring Abroad vs. Plenary Chapter 11
This session will discuss the benefits and drawbacks of restructuring under chapter 11 as opposed to under a foreign restructuring scheme. The panelists include a restructuring lawyer who is familiar with the popular European restructuring schemes.
Anatomy of a Fall?: Distressed Real Estate Trends and Forecasts for 2024 and Beyond
This panel of business experts will examine post-pandemic trends in the distressed real estate market. The panelists will analyze what is different about this cycle compared to prior cycles — including its impact by asset class — and will provide their predictions on the future of distressed real estate markets, as well as their thoughts on market recovery and potential challenges.