Staying in the Fight: Managing Down Rounds and Defensive Financings

As financing markets remain selective, companies and investors are increasingly confronted with difficult capital decisions.

Join us for a webinar examining the legal and commercial issues that arise in defensive financings, including down rounds, bridge financings, recapitalizations, and “pay-to-play” structures.

Our panel will discuss practical strategies for protecting enterprise value, aligning stakeholder interests, and positioning companies for future growth while navigating fiduciary duties, governance challenges, and evolving investor expectations.

TOPICS WILL INCLUDE:

• Evaluating defensive financing strategies, including down rounds, bridge financings, recapitalizations, and “pay-to-play” structures
• Fiduciary duties, governance considerations, and investor protections in distressed financing transactions
• Sponsor and investor positioning, including managing stakeholder interests and negotiating key deal terms
• Litigation risks, common disputes, and practical strategies for positioning companies for their next successful financing or liquidity event

CLE CREDIT

CLE credit in CA, FL, IL, MN, NY*, OH, OR, PA, TX, VA, and WA is currently pending approval. Credit in CT and NJ is pending approval (via reciprocity). CLE credit is not available for the viewing of recorded sessions.

*This program qualifies for Newly Admitted Attorneys.

Those seeking CLE credit in any other state may be provided with a General Certificate of Attendance and may apply independently.

CLE Questions?

Please contact CLECreditRequest@morganlewis.com.