• videocam Live Webinar with Live Q&A
  • calendar_month May 20, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Banking and Finance
  • schedule 90 minutes

Debtor-in-Possession Orders and Loan Agreements: Loan Structures and Common Terms, Events of Default and Remedies

About the Course

Introduction

This CLE webinar will discuss debtor-in-possession (DIP) financing and when circumstances make a DIP loan a sound strategy for lenders. The panel will review the statutory basis for DIP financing; lender strategies and goals; the DIP financing process; loan structures and amounts; related costs; terms and maturity; liens; covenants; and default events, as well as lender control limits. Key lender negotiation considerations will also be explored by our panel of experts.

Description

The primary reason for most Chapter 11 bankruptcy filings is an imminent lack of liquidity. DIP loans are typically asset-based revolving working capital facilities put into place at the outset of a Chapter 11 filing to provide both immediate cash as well as ongoing working capital during the reorganization process. DIP financing is available in both unsecured and secured form, each of which provides a secured lender with incentives and protections to encourage it to lend money to a debtor.

A DIP loan facility may be structured as a term loan, revolving credit facility, or other form of credit. Because term loans are usually fully funded, such a structure could result in higher interest costs for the debtor. Revolving credit facilities generally have lower interest costs than a fully drawn term loan because the debtor may draw down the loan and repay only as necessary to maintain the court-approved budget. Depending on the situation, the DIP facility may combine a term loan and revolving credit facility.  

Bankruptcy courts must approve DIP loan facility terms. In addition to collateral and a super-priority claim, DIP loans are typically designed with covenants and other protections to permit the DIP lender a full recovery even if the debtor liquidates. The loan documents and/or the DIP Order will typically provide: for a borrowing base; that all asset-sale proceeds must be applied to reduce the DIP loans and commitments; that the primed pre-bankruptcy lenders cannot exercise remedies until the DIP loan has been repaid; and that certain events, like conversion of the case to a Chapter 7 or appointment of a trustee in bankruptcy, permit the DIP lender to call the loan.

Listen as our authoritative panel evaluates the circumstances when DIP loans are advantageous for lender clients. The panel will provide practice tips for selecting the appropriate DIP loan structure, as well as best practices for negotiating and documenting key loan terms.

Presented By

Ana Alfonso
Partner
O'Melveny & Myers LLP

Known best for her work on behalf of secured lenders, Ms. Alfonso has represented agents, bank groups, ad hoc groups, bilateral credit providers, hedge counterparties, and other creditors as parties to financial restructurings, insolvency proceedings, enforcement actions, and litigation. She regularly helps clients formulate risk management strategies throughout the life cycle of their most complex financial transactions, often from the initial drafting stage. Ms. Alfonso has experience across a wide range of industries and has worked extensively on distressed situations arising in the areas of oil and gas, power, renewable energy, commodities trading, insurance, and reinsurance. She serves on the Board of Directors of the New York City Bar Association and is former Chair of the Bankruptcy & Corporate Reorganization Committee of the New York City Bar Association.


Peter Friedman
Partner, Chair Bankruptcy Litigation Group
O'Melveny & Myers LLP

Mr. Friedman is one of the nation’s leading bankruptcy and restructuring litigators, successfully representing troubled borrowers and their stakeholders, including lenders, bondholders, investors, and officers and directors, in bankruptcy courts, district courts and courts of appeals and the U.S. Supreme Court in the most high-profile and complicated matters on record. His years-long work on behalf of the Government of Puerto Rico in its bankruptcy cases resulted in Mr. Friedman being named a Litigation Trailblazer of the Year by The National Law Journal and being featured in The American Lawyer’s Litigation Department of the Year profile of O’Melveny. He is Chair of the firm’s Bankruptcy Litigation Group and is a Fellow of the American College of Bankruptcy.


Jennifer Taylor
Partner, Chair Corporate Finance Practice
O'Melveny & Myers LLP

Ms. Taylor has deep experience negotiating debt financing transactions of all varieties, including financings for leveraged buyouts, asset based facilities, secured and unsecured working capital facilities, venture debt loans, and other structured financings, including mezzanine loans, high yield, and DIP financing for debtors in bankruptcy. In the restructuring realm, she represents clients in connection with workout transactions and Chapter 11 reorganizations. She also regularly represents investors in connection with distressed acquisitions of businesses and debt and with matters related to liability management transactions. Ms. Taylor is Chair of the firm’s Corporate Finance Practice and a member of the Restructuring Practice, Special Situations and Liability Management Group, and Crypto & Blockchain and Emerging Technologies industry groups.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, May 20, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Overview of DIP financing: history, objectives, party incentives

II. Lender strategies, preferred structures, common terms

III. Court authorization, security, DIP lender protections

IV. Remedies and defaults

V. Debtor acknowledgments, releases, stipulations

VI. Priority claims and liens for DIP obligations: intercreditor agreements, senior and junior lenders

VII. Adequate protection and enforcement

VIII. Restrictions, waivers, miscellaneous provisions

IX. Litigation trends: provisions typically not allowed by bankruptcy courts

The panel will review these and other key issues:

  • What are the strategic incentives and benefits for DIP lenders?
  • What protections does the Bankruptcy Code provide DIP lenders?
  • What are the common DIP financing structures and loan terms?
  • What are the key considerations when a lender is negotiating the terms of a DIP financing order or credit agreement?