Lunch & Learn Webinar Series: Mezzanine Lenders: Navigating an Insolvent Borrower

Presented by Robinson+Cole

Mezzanine Lenders: Navigating an Insolvent Borrower

Wednesday, November 4, 2020
12:00pm ET

This session is a deep dive on critical issues affecting lenders who are working with insolvent portfolio companies. What are your rights in relation to the U.S. Bankruptcy Code under chapters 7 and 11, including the small business provisions arising under the new subchapter 5 and PPP’s impact on subchapter 5? We will review issues that impact the loan documents including the Intercreditor Agreement and how these align with the statutes. We’ll also consider treatment of co-investment positions. We will wrap things up by providing valuable tips on drafting these key agreements.  Don’t miss this timely, valuable discussion.

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Stephen Hanson – Partner, Robinson+Cole (Moderator)

Steve is a member of the firm’s Business Transactions Group, where he focuses his practice in the areas of private equity, venture capital and emerging companies, and general corporate matters. He routinely represents financial sponsors such as private equity, mezzanine debt (including Small Business Investment Companies), venture capital, and hedge funds; their respective portfolio companies, principals, sponsors, and investors; and other privately-held companies, with a focus on the middle market and lower middle market. He assists clients with domestic and cross-border merger and acquisition transactions, leveraged buyouts, joint ventures, and equity and debt financings.

Brian O’Reilly – Managing Director, Graycliff Partners LP

Brian is a Managing Director at the firm. He joined Graycliff in 2019. Prior to joining Graycliff, he was a Managing Director and co-founder of CVC Credit Partners’ U.S. middle market lending platform. Prior to CVC, he spent seven years at Medley Capital sourcing, executing, and monitoring private debt investments and started his career at GE Capital. He holds an MBA from Duke University’s Fuqua School of Business and a B.A. in Economics from Boston College.

Patrick Birney – Partner, Robinson+Cole

Patrick Birney co-chairs the firm’s Bankruptcy + Reorganizations Group and is a member of the Business Litigation Group. He focuses his practice on complex transactional, litigation, and advisory work related to the debtor/creditor relationship, including restructurings, Chapter 11 bankruptcy cases, workouts and “pre-packaged” Chapter 11 matters, and commercial finance. He has extensive experience representing secured and unsecured creditors, trustees, debtors, official and ad hoc creditors’ committees, and other parties in Chapter 11 restructurings, adversary proceedings, state court receiverships, and out-of-court workouts.

Endicott Peabody (Kit) – Counsel, Robinson+Cole

Kit is a member of the firm’s Business Transactions Group. He has more than 16 years’ experience advising clients on transactional and general corporate matters. This includes significant work representing public and private companies across industries, private equity firms, commercial banks, other major lending institutions, and real estate developers in structuring, documenting and negotiating, complex M&A transactions; senior and junior lending transactions (secured, unsecured and multi-tranche financing); syndicated financing transactions; and problem and distressed loan restructurings, loan workouts and bankruptcy and insolvency proceedings.

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