Webcast: Raising Capital in the Current Environment II: Liability Management Considerations, Bond Repurchases, Exchanges and Debt Tender Offers

July 28, 2020

The coronavirus (COVID-19) pandemic has affected the current economic environment and impacted companies’ short- and long-term liquidity. Historically low interest rates and the U.S. Federal Reserve programs aimed at mitigating the impact of the pandemic on the U.S. economy have led to unprecedented levels of corporate debt refinancing.

Please join our panel as they discuss recent developments in liability management, including raising capital in combination with debt tender offers, restructuring existing debt in exchange offers, and the anticipation of other debt repurchase programs, in order to reduce interest payments, enhance liquidity and manage debt maturities.

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Andrew L. Fabens is a partner in the New York office of Gibson, Dunn & Crutcher.  Mr. Fabens is Co-Chair of Gibson Dunn’s Capital Markets Practice Group and is a member of Gibson Dunn’s Securities Regulation and Corporate Governance Practice Group. Mr. Fabens advises companies on long-term and strategic capital planning, disclosure and reporting obligations under U.S. federal securities laws, corporate governance issues and stock exchange listing obligations.  He represents issuers and underwriters in public and private corporate finance transactions, both in the United States and internationally.  His experience encompasses initial public offerings, follow-on equity offerings, investment grade, high-yield and convertible debt offerings and offerings of preferred, hybrid and derivative securities.  In addition, he regularly advises companies and investment banks on corporate and securities law issues, including M&A financing, spinoff transactions and liability management programs.

Stewart McDowell is a partner in the San Francisco office of Gibson, Dunn & Crutcher.  She is a member of the firm’s Corporate Transactions Practice Group, Co-Chair of the Capital Markets Practice Group. Ms. McDowell’s practice involves the representation of business organizations as to capital markets transactions, mergers and acquisitions, SEC reporting, corporate governance and general corporate matters.  She has significant experience representing both underwriters and issuers in a broad range of both debt and equity securities offerings.  She also represents both buyers and sellers in connection with U.S. and cross-border mergers, acquisitions and strategic investments. The Recorder has named Ms. McDowell as a “Women Leader in Tech Law” for four years in a row. She is ranked by Chambers USA for Capital Markets: Debt & Equity (California).  She was also named a “Top Woman Lawyer” by the Daily Journal  in 2017.  Ms. McDowell is a member of the California State Bar and the New York Bar Association.

James J. Moloney is a corporate partner resident in the Orange County office of Gibson Dunn and serves as Co-Chair of the firm’s Securities Regulation and Corporate Governance Practice Group.  He is also a member of the firm’s Corporate Transactions Practice Group, focusing primarily on securities offerings, mergers & acquisitions, friendly and hostile tender offers, proxy contests, going-private transactions and other corporate matters. Mr. Moloney was the principal draftsman of Regulation M-A, a comprehensive set of rules relating to takeovers and shareholder communications, that was adopted by the Commission in October 1999.  Mr. Moloney advises a wide range of listed public companies on reporting and other obligations under the securities laws, the establishment of corporate compliance programs, and continued compliance with corporate governance standards under the securities laws and stock exchange rules.  He advises public company boards and committees of independent directors in connection with mergers, stock exchange proceedings, as well as SEC and other regulatory investigations.

Rodrigo Surcan is an associate in the New York office of Gibson, Dunn & Crutcher. He is a member of Gibson Dunn’s Capital Markets, Energy and Infrastructure, Financial Institutions, Global Finance, Latin America, Securities Regulation and Corporate Governance Practice Groups. Mr. Surcan’s practice focuses primarily on representing corporate and investment banking clients in public and private corporate finance transactions. His experience encompasses domestic and cross-border (including Latin American) public and private debt and equity offerings, including SEC registered and Rule 144A/Regulation S offerings, private placements, high yield and high grade debt offerings, senior, subordinated and secured offerings, project bonds, IPOs, follow-on and secondary equity offerings, MTN programs, block trades, tender offers, consent solicitations and exchange offers.