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Reorg Radio

Americas Core Credit: Illusory Protections in Credit Agreements (Jan. 7, 2022)

Jan 10, 2022
35:25
Snipd AI
Peter Washkowitz and Julian Bulaon discuss the erosion of lender protections in credit agreements, including voting protections and most-favored-nation rights. They also explore IP transfer prohibitions and restrictions on raising structurally senior debt. Topics covered: Purdue, PBF Energy, SmileDirectClub, Puerto Rico, debt-raising options, EPA's impact, third-party releases, pension obligation costs, erosion of lender protections, and material IP transfer.
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Podcast summary created with Snipd AI

Quick takeaways

  • SmileDirectClub Inc. may need to seek additional capital due to negative cash flow, creating pressure for new sources of funding.
  • The certification of a ruling invalidating third-party releases in the Purdue Pharma opioid case opens the door for further compensation for victims.

Deep dives

Smell Direct Club's Potential Liquidity Challenges

Smell Direct Club Inc. may need to seek additional capital due to its historically negative free cash flow and limited liquidity. The company's current run rate suggests less than two years of liquidity runway, putting pressure on the need for new money. The trading price of its convertible notes has also declined significantly. While Smell Direct Club has not confirmed plans for new capital, the analysis outlines potential debt financing options, including the ability to incur structurally senior debt at the operational level.

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