Archives for 2009

PART I: UCC Insurance for Secured Lenders: Improved Risk Management in a Fragile Economy

Although the fourth-quarter 2009 has shown modest signs of stabilization in consumer sectors, the nation�s economy remains fragile, with many indicators suggesting a broadening of the credit crisis to commercial and corporate sectors of the economy. Particularly exposed is the credit quality and capital of secured lenders, the reliability of traditional underwriting tools employed by […]

IMO Car Wash — Valuation in the Context of a UK Scheme of Arrangement

In the case In Re Bluebrook Limited and other companies (IMO) [2009] EWHC 2114, the UK High Court considered the basis on which to value the business of a company in the context of a scheme of arrangement under the UK Companies Act 2006. The court�s approach was to focus on the price that a […]

The Estate as the Buyer’s Partner in §363 Sales

Recently, a bankruptcy judge with a long tenure on the bench told a group gathered at an insolvency conference that the bench�s role in overseeing modern commercial bankruptcy cases amounts to running a laundry service, as most cases involve little more than putting the debtor in the bankruptcy washing machine to cleanse its valuable assets […]

Letters of Intent and Avoiding the Unintended

Letters of intent or memoranda of understanding are frequently used in private equity transactions to evidence the preliminary understanding of a potential transaction before the parties commit significant time and resources to the transaction. Often such documents are prepared and negotiated by deal professionals based on the precedent from the last deal or another similar […]

G-20 Takes First Steps on Global Regulatory Reform

In this, the second installment of�s Web-exclusive content, Christopher Moraff reports on the G-20 Summit in Pittsburgh to provide our Web readers with first-hand coverage of the event as the heads of the world�s 20 largest economies gathered to tackle a number of issues ranging from giving greater oversight to the IMF to addressing […]

Commercial Finance M&A: Scoping Out the “New Normal”

To launch the Web-exclusive content feature for the new website, we thought it would be interesting to speak with PiperJaffray’s Thomas Chen on the state of commercial finance/specialty finance M&A activity. The firm has taken the #2 spot for Top Specialty Finance Advisor for 2007 and 2008 as ranked by SNL Financial based on […]