Eric Anderson and Kathleen Currey will be faculty for the upcoming Strafford webinar titled "Enforceability of Intercreditor Agreements in Bankruptcy: Maximizing Recovery for First and Second Lienholders" on Thursday, August 27, 1:00pm-2:30pm EDT. This CLE webinar will guide commercial finance counsel in drafting intercreditor agreements, and those seeking to enforce or resist enforcement of intercreditor agreements during bankruptcy proceedings. Eric and Kathleen will also discuss ways that first lien and second lien lenders can best protect their economic interests in the event of bankruptcy.

Program Overview

  1. Recent case law on the enforceability of intercreditor agreements in bankruptcy proceedings
    1. Cases holding that an intercreditor agreement cannot waive a second lien lender's fundamental bankruptcy rights
    2. Cases holding that an intercreditor agreement may waive statutory bankruptcy rights if enforceable as a matter of applicable state law
  2. Best practices when drafting and negotiating intercreditor agreements to protect lender interests, including discussion of forms of intercreditor agreements currently being used in the market

Additional details and registration can be found here