Ken Rosen, Bruce Nathan, and Mary Seymour will present "The Impact of Increased Private Equity and Hedge Fund Activity on Creditors' Rights in the Chemical Industry: The New Normal?" The program focuses on the increased use of prepackaged and pre-negotiated Chapter 11 plans and section 363 sales, loan to own and credit bidding issues, and the increased frequency of make-whole and prepayment penalty protections in favor of secured noteholders that have raised the risk of a de minimis or no recovery to trade creditors, and the resulting heightened importance of an unsecured creditors' committee to maximize trade creditor recoveries. The speakers will also discuss the unique warning signs of a distressed company controlled by private equity or a hedge fund and the disposition of preference claims in such cases.
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