Webcast: The Enforceability of “Make-Whole” Premiums after Momentive and EFH

February 1, 2017

Please join a panel of seasoned Gibson Dunn bankruptcy practitioners for a discussion of the current landscape affecting the recovery of “make-whole” premiums in debt documents. The panel will discuss key cases, including the Momentive decision in the Southern District of New York and the Third Circuit’s recent decision in the Energy Future Holdings bankruptcy case, and will provide legal and practical guidance related to “make-whole” premiums.

Please join us for this informative presentation.

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Robert A. Klyman is a partner in the Los Angeles office of Gibson, Dunn & Crutcher and Co-Chair of Gibson Dunn’s Business Restructuring and Reorganization Practice Group. Mr. Klyman represents debtors, acquirers, lenders and boards of directors. His experience includes advising debtors in connection with traditional, prepackaged and “pre-negotiated” bankruptcies; representing lenders and other creditors in complex workouts; counseling strategic and financial players who acquire debt or provide financing as a path to take control of companies in bankruptcy; structuring and implementing numerous asset sales through Section 363 of the Bankruptcy Code; and litigating complex bankruptcy and commercial matters arising in chapter 11 cases, both at trial and on appeal.

Alan Bannister is a partner in the New York office of Gibson, Dunn & Crutcher and a member of the Firm’s Capital Markets, Global Finance and Securities Regulation and Corporate Governance Practice Groups. Mr. Bannister concentrates his practice on securities and other corporate transactions, acting for underwriters and issuers (including foreign private issuers), as well as strategic or other investors, in high yield, equity (including ADRs and GDRs), and other securities offerings, including U.S. public offerings, Rule 144A offerings, other private placements and Regulation S offerings, as well as re-capitalizations, NYSE and NASDAQ listings, shareholder rights offerings, spin-offs, PIPEs, exchange offers, other general corporate transactions and other advice regarding compliance with U.S. securities laws, as well as general corporate advice. Mr. Bannister also advises issuers and underwriters on dual listings in the U.S. and on various exchanges across Europe, Latin America and Asia.

Matthew J. Williams is a partner in the New York office of Gibson, Dunn & Crutcher and is a member of Gibson Dunn’s Business Restructuring and Reorganization Practice Group. He represents financial institutions, creditor groups, committees and debtors in complex restructurings. Mr. Williams has been consistently ranked among the top Bankruptcy and Restructuring lawyers in New York by Chambers USA: America’s Leading Lawyers for Business for his “exemplary legal skills, superb intelligence and exceptional forward-thinking,” his “winning combination of business acumen and legal expertise,” his ability to”give an opinion as opposed to just spotting issues” and his “detail-oriented approach.” He is praised by creditor and bondholder clients as a “fantastic young partner who gets the issues, is great at working with hedge funds, and understands the way we think about the world” and someone who “gives good commercial and practical advice.” Mr. Williams was named a Law360 “MVP” in Bankruptcy for 2015 – one of ten “elite attorneys” recognized – for his “successes in record-breaking deals and complex global matters.” In 2010, he was recognized as one of 12 “Outstanding Young Restructuring Lawyers” in the nation by Turnaround & Workouts Magazine. That same year, Law360 called him one of the “Rising Stars” in restructuring and “one of the 10 bankruptcy attorneys under 40 to watch.”

Sabina Jacobs is an associate in the Los Angeles office of Gibson, Dunn & Crutcher. She is a member of the Business Restructuring and Reorganization and Global Finance practice groups. Ms. Jacobs practices in all aspects of corporate reorganization and handles a wide range of bankruptcy and restructuring matters, representing debtors, lenders, equity holders, and strategic buyers in chapter 11 cases, sales and acquisitions, bankruptcy litigation, and financing transactions. Ms. Jacobs also represents borrowers, sponsors, and lending institutions in connection with acquisition financings, secured and unsecured credit facilities, asset-based loans, and debt restructurings. Ms. Jacobs is the author of “Possible Make-Over for Make-Wholes After EFH Decision,” which is published in the January 2017 issue of the American Bankruptcy Institute Journal.