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DEBTOR IN POSSESSION (DIP) FINANCING

Ocean Pacific Capital has been in the commercial real estate finance business since 1977. We have extensive experience in arranging the best debtor in posession (DIP) financing for companies operating while in bankruptcy.

DIP financing is unique from other financing methods in that it usually has priority over existing debt, equity and other claims. DIP financing is considered attractive because it is done only under order of the Bankruptcy Court, which is empowered by the Bankruptcy Code. Debtor-in-Possession financing can also provide corporate bankruptcy financing to engage in a prepackaged business bankruptcy where the asset based lender providing DIP financing supplies the funds to work out a settlement with creditors up front, in order to walk into corporate bankruptcy court with this prepacked settlement.

Asset based lending sources provide Debtor-In-Possession financing following the filing of either a voluntary or involuntary corporate bankruptcy proceeding utilizes the same fundamental asset valuation approach to provide the loan as it would utilize for a company not in business bankruptcy.

The availability of DIP financing may depend on the perceived viability of the company during the proceeding and on its ability to successfully complete a Plan of Reorganization (POR). The Plan of Reorganization must specify how the debtor intends to pay the creditors and Debtor-in-Possession financing is a means toward that end.

Potential Applications:

- Bankruptcy Financing: Voluntary or Involuntary Bankruptcy

- Plan of Reorganization

- Restructuring

- Turnaround Financing

DIP loans are often collateral-driven and the inability to monitor cash closely can create exposure quickly. Asset-based lending sources have the best capability to monitor that collateral. This monitoring capability gives turnaround consultants real-time collateral and financial information.

The asset-based lending community is also the best at valuing assets. It is well versed in the ins and outs of the bankruptcy process and it offers the financially troubled company a friendly environment for restructuring. Simply put, when a company goes into a DIP, asset-based lending sources have the credentials necessary to get the deal done. The best way to improve the chances of a successful exit from bankruptcy is to have an asset-based lender in place at the earliest sign of financial stress.

It is a good business practice to establish a relationship with an asset- based lender well before a company reaches a point where its cash flow and capital structure have become unpredictable. If or when a company then faces distress, the existing asset-based lender will be the best ally.

If you need the best DIP financing, call our Commercial Loan Department at 1-800-595-1474 today for a free consultation. We pride ourselves in personalized customer care so a friendly and experienced loan officer specializing in DIP financing will be at your side throughout every step of the process.


Whatever your financing needs,
we will tailor a loan that's right for you.

Commercial Construction Financing
 
 

Commercial News for 7/30/10

WSJ.com: Commercial Real Estate

For AvalonBay, Long Island Filled With Risk, Reward
The region near New York City is one of the nation's toughest markets to development properties. AvalonBay is undeterred.

Japan's Toyoko Inn Targets New York
Japanese no-frills hotel operator Toyoko Inn is planning to expand into the U.S. market with a 640-room tower in the New York City borough of Queens, where it plans to offer tiny rooms for rates that are among the lowest in the city.

Office Developers Revive Plans
With Europe's financial sector showing signs of stabilizing, developers have begun to dust off plans. A development boom, however, isn't likely anytime soon.

It's a Low Point for High Point
Vornado Realty Trust is opting to forfeit a 2 million-square-foot furniture mart in High Point, N.C., to holders of its $191 million securitized mortgage.

Boston Properties' Profit Falls, but Beats Its View
Boston Properties' second-quarter earnings fell, as did a key measure of profitability for the office-property owner, but both beat the company's guidance.

Vornado, MGM Resorts in Deal
A Vornado-led partnership is paying MGM Resorts about $80 million for land connected to the Borgata Hotel Casino in Atlantic City.

CMBS Market Rises From Ashes
The commercial-mortgage-backed-securities market, a leading source of financing in commercial property until the financial collapse of 2008, is showing signs of life.

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