Excerpt from Practical Guidance

A Guide To Preparing For Workout Negotiations

Law360, New York (February 26, 2014, 1:12 PM EST) -- A company will need to address several issues prior to engaging in refinancing or "workout" negotiations with the relevant parties. The company will need to assess its financial situation, formulate a preliminary strategy for addressing its financial difficulties, evaluate whose consents may be needed to effectuate such strategy, formulate a game plan and timeline for approaching such parties and effectuating the refinancing, and negotiate appropriate confidentiality agreements with parties with whom the company wishes to engage in discussions concerning a potential refinancing or workout. Set forth below is a guide for the company in addressing these prenegotiation issues.

Assessing the Company's...

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