Intercreditor Agreements - What's in Your Agreement?

August 17, 2017

Once upon a time, there was concern that bankruptcy courts might not consider disputes between creditors under their intercreditor agreements, but relegate the creditors to state court. Those days are long gone! Since the 2008 recession, there has been a series of cases where not only did the bankruptcy courts consider the dispute, but the outcome of the cases hinged on the court's reading of the exact wording on the intercreditor agreement, with often surprising results for the lenders. This program will look at critical intercreditor issues through the lens of these cases to spell out what lenders and their counsel should be careful of when they draft and negotiate intercreditor agreements to ensure that lenders get what they expect, even if the borrower goes bankrupt.

Panelists:

• Michael Barocas (moderator), Otterbourg P.C., New York, NY
• Valerie S. Mason, Otterbourg P.C., New York, NY
• David W. Morse, Otterbourg P.C., New York, NY
• James C. Schulwolf, Shipman & Goodwin LLP, Hartford, CT

Presented by: Commercial Finance Committee

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