Debtor-in-Possession Financing
Benesch’s Commercial Finance & Banking lawyers have successfully represented lenders, distressed investors and creditors’ committees in numerous and varied DIP financing transactions. Working collaboratively and seamlessly with our debt restructuring lawyers, we apply our finance, industry and debt-related knowledge and experience, formulating solutions to ensure our clients’ full debt recovery.
Overview
Our team has extensive experience in every aspect of DIP financing, advising at all stages of the business life cycle in large and middle-market cases involving companies from wide-ranging industries, from energy to health care and from high tech to retail.
We handle DIP facility loan structuring, negotiation, documentation, loan maintenance and modifications, restructurings, and bankruptcy court approvals, all with an eye on protecting our clients’ interests and ensuring full debt recovery.
Our DIP financing experience includes:
- Defensive DIP financing
- Loan modifications, restructurings and workouts
- Offensive DIP financing strategies and scenarios
- Bankruptcy milestones
- Loan terms, rates, modifications and maturity dates
- DIP agreement defaults
- Section 363 asset sales
- Filings and disclosure requirements and documentation
- Intercreditor agreements
- Roll-ups


