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Challenges And Rights Of The Subordinate Debt

Webinar: ID# 1023871
Recorded CD
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About This Course:
Subordination and intercreditor topics are some of the most nuanced aspects of the practice of debt finance law.

It is critical for financial professionals to understand the issues involved and the impact that each negotiable position can have on their rights during the life of a deal and in a foreclosure or bankruptcy scenario.

A financial professional can increase the efficiency and efficacy of the structuring and negotiation process by gaining a clear understanding of what is at stake and the options that are available to achieve the desired payment and lien priorities, while protecting their rights and remedies.

This webinar will focus on first principles with a broad application and is designed to enable attorneys, presidents, vice presidents, loan officers, loan department personnel, branch managers, credit and collections managers, real estate professionals, controllers, accountants and auditors gain a solid footing and a useful framework for understanding this complex subject area.

AGENDA

Understanding Subordinated Debt and the Risks
  • Definition of Subordinated Debt
  • Due Diligence on the Borrower
  • Senior Lender's Interests
  • Subordinated Lender's Interests
Different Structures and Approaches to Subordinated Debt
  • Structural Subordination
  • Mezzanine Debt
  • Seller Subordinated Debt
  • Second Lien Debt
Intercreditor/Subordination Agreements
  • What Is an Intercreditor/Subordination Agreement and When Is It Necessary?
  • What Does It Address?
  • Who Is Involved and What Are Their Goals?
  • What Are the Core Issues You Need to Review?
  • What Are the Commonly Negotiated Outcomes?
About The Presenter

My Ngo
  • Partner with the law firm of McGuireWoods LLP in Charlotte, North Carolina
  • Practice focuses on corporate and commercial lending transactions
  • Represents agents, lenders, borrowers and participants in syndicated, club and single lender credit facilities
  • Experience includes cash flow and asset based facilities, venture financings, leveraged acquisition financings, working capital lines, debt refinancings and dividend recapitalizations in a variety of industries including health care and restaurant franchise
  • Has experience with nonperforming commercial loans involving workouts and restructurings
  • Admitted to the State Bar of North Carolina
  • J.D. degree, Wake Forest University; B.S. degree in computer science and an M.B.A. degree, East Carolina University
Stephanie A. Zabela
  • Partner with the law firm of McGuireWoods LLP in Chicago, Illinois
  • Concentrates practice on commercial finance transactions, real estate matters, and general corporate law
  • Regularly represents lenders and borrowers in asset-based lending, cash-flow lending, acquisition financing, health care lending, real estate lending, multicurrency financing, and cross-border transactions
  • Experienced with specialty collateral, such as intellectual property, goods covered by certificates of title, and leasehold and fee interests in real estate
  • Also represents companies in corporate transactions, such as mergers and acquisitions, and advises financial institutions on issues of regulatory compliance
  • Admitted to the State Bar of Illinois
  • Named to "Illinois Rising Stars," Banking, Real Estate: Business, Business/Corporate, Super Lawyers, Thomson Reuters, 2014-2017
  • J.D. degree, New York University School of Law; B.A. degree, summa cum laude, in English, University of Notre Dame
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Challenges And Rights Of The Subordinate Debt
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