Financial Restructuring and Bankruptcy: Rapid Fire
Chapters in this video
- 0:00 Maintenance vs incurrence covenants and loan document rigidity
- 1:56 Cross-default, cross-acceleration, and the automatic stay shield
- 3:25 Debtor-in-possession (DIP) control and the absolute priority waterfall
- 5:44 120-day exclusivity and the two-thirds amount, over half number vote
- 7:27 Best interests, cramdown rules, and speed: prepack vs going concern vs freefall
- 9:18 Stock-for-stock merger vote triggers Form S-4 and M&A Disclosure Overlay
- 9:56 Rapid-fire exam recap: waterfall, clawbacks, cramdown by class, plan exemption
What this video covers
- The critical distinction between maintenance covenants (quarterly, automatic) and incurrence covenants (action-triggered tripwires), and which loan documents feature each
- How cross-default trips on ANY default while cross-acceleration requires actual acceleration, and why the latter is borrower-friendlier
- What the automatic stay stops instantly without court order, and why the debtor-in-possession (DIP) runs the business by default rather than a trustee
- The absolute priority rule waterfall from DIP financing through administrative expenses, senior secured, senior unsecured, subordinated, mezzanine, preferred, and common equity
- The dual-pronged class acceptance math: two-thirds amount AND over one-half number of holders, and why the best interests test is applied holder-by-holder
- What cramdown requires: an impaired class, at least one impaired non-insider class accepting, fair and equitable treatment, and no unfair discrimination
- Why a merger vote as sale triggers Form S-4 registration for stock-for-stock deals, and how the Mergers and Acquisitions (M&A) Disclosure Overlay standardizes deal disclosures
Read the full lesson, free
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