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Session One Panels Creditor or Prey: A Discussion of Intercreditor Treatment in Restructuring Transactions Disparate treatment among holders of indebtedness governed by the same agreement is becoming increasingly common. In this panel, speakers will discuss recent liability management transactions and restructuring disputes arising out of arrangements that improve the position of certain creditors to the detriment of others.
The conversation will focus on how these transactions are effectuated, potential challenges to these transactions, as well as different ways creditors can protect themselves. The emerging use of the Texas Two Step technique and the controversy surrounding the use of Third-Party Releases add to the complexity of these cases. Our panel, consisting of bankruptcy counsel, mass torts lawyers and academia, will break it all down. However, the profile of investors in sovereign securities has changed since the last financial crisis, which will present new challenges and market opportunities as sovereigns seek to reprofile and restructure their domestic and international debt stock.
This panel will discuss the current environment for sovereign restructurings, what lessons can be learned from the last round and the outlook for the sovereign bond market. For distressed debt investors, such a sale may represent the opportunity to snap up a bargain, if the existing company claimants are eager to get out and in need of cash. Distressed debt investors buy the claims, and hold them until some sort of workout or restructuring is devised.
Often, distressed debt investors receive new equity in the distressed company in exchange for the claims they own. In this way, the investors may end up owning the troubled company, and can set about turning it around. Richards was keen to point out that the key to success in the distressed debt sector is relentless, rigorous analysis. Richards also acknowledged the bonanza that the recent financial crisis created for distressed debt investors, as sound companies were rendered insolvent by shocks to the financial system, rather than by fundamental flaws in their business strategies, incompetent management, or the obsolescence of their products or services.
Panel members also had the opportunity to react to criticism of the distressed debt investment industry, and to discuss some of the benefits that distressed debt investors offer to target companies, other debtors, and the economy in general.